对贩卖假毒品行为定性问题的研究

“行为”是犯罪最基本的分析单位和最基本的特征要素,是刑法学研究的逻辑起点。对贩卖假毒品行为的定性及处罚不仅仅是司法实践中的难题,而且涉及到许多刑法理论问题,诸如不能犯与未遂犯的区别,行为无价值论与结果无价值论的争议等。本文主张以结果无价值为基本根据评价行为的实质违法性,如果行为人不知是假毒品而以毒品进行贩卖的,不应以贩卖毒品罪追究其刑事责任。     

Modeling Equilibrium Relationships: Error Correction Models with Strongly Autoregressive Data

Political scientists often argue that political processes movetogether in the long run. Examples include partisanship andgovernment approval, conflict and cooperation among countries,public policy sentiment and policy activity, economic evaluationsand economic conditions, and taxing and spending. Error correctionmodels and cointegrating relationships are often used to characterizethese equilibrium relationships and to test hypotheses aboutpolitical change. Typically the techniques used to estimateequilibrium relationships are based on the statistical assumptionthat the processes have permanent memory, implying that politicalexperiences cumulate. Yet many analysts have argued that thisis not a reasonable theoretical or statistical assumption formost political time series. In this paper I examine the consequencesof assuming permanent memory when data have long but not permanentmemory. I focus on two commonly used estimators: the Engle-Grangertwo-step estimator and generalized error correction. In my analysisI consider the important role of simultaneity and discuss implicationsfor the conclusions political scientists have drawn about thenature, even the existence, of equilibrium relationships betweenpolitical processes. I find that even small violations of thepermanent memory assumption can present substantial problemsfor inference on long-run relationships in situations that arelikely to be common in applied work in all fields and suggestways that analysts should proceed.     

Brazil: The Prospects of a Center-Constraining Federation in a Fragmented Polity

Although there have been deep changes in the federation as aconsequence of redemocratization and decentralization, Brazilcontinues to exhibit profound imbalances among regions. Theseimbalances create contradictions and tensions in Brazilian federalism.The central problem addressed in this article is to identifythe main difficulties facing federalism, and to assess theirconsequences on the prospects of federalism should tensionscontinue unabated. Brazilian federalism has always been a meansof accommodating deep-rooted regional disparities. Althoughthere are political and fiscal mechanisms to offset some ofthe problems of regional disparities, such mechanisms have beeninsufficient to counteract a long history of uneven regionaldevelopment. Because of the country's inequalities, the capabilitiesof subnational governments to respond to Brazil's current demandsand agendas are highly uneven.     

Primed by the Euro: The Impact of a Referendum Campaign on Public Opinion and Evaluations of Government and Political Leaders

The premise of political priming is that public evaluations of political leaders are made on the basis of issues that are on the top of citizens' minds. This study investigated the impact of a national referendum campaign about a European integration issue on the evaluation of the incumbent government, the prime minister, and the opposition leaders. Drawing on a content analysis of news media and a two-wave panel survey, the results showed that as the topic of the referendum (the introduction of the euro) became more visible in the media during the campaign the importance of the euro issue for formulating general evaluations of political leaders increased. The incumbent government that was seen to handle the referendum poorly was penalized by the referendum. Exposure to news media outlets that covered the referendum extensively and offered negative evaluations of political leaders boosted the decline in the overall performance rating of political leaders by politically less involved respondents. These results stress the necessity of considering the campaign and the specific content of the media to understand fluctuations in public opinion during a referendum campaign. The study concludes with a discussion of the implications of a referendum campaign for political leaders.     

The emergence and future of PPOs

A new development in the restructuring of American health care is the dramatic growth of preferred provider organizations (PPOs). Based on a national telephone survey, this paper assesses the future direction of PPOs by examining segments of the market that are believed to be lead indicators of future activity. It includes analyses of "new" versus "old" PPOs, the ten largest PPOs, and the entrance of hospital chains into the insurance market. We conclude that the dramatic growth of PPO enrollment in 1985 is likely to continue in the future, but with increased movement toward vertical integration and joint ventures among providers and insurers.     

Reviews

Thomas Remington (ed.), Parliaments in Transition. The New Legislative Politics in the Former USSR and Eastern Europe. Boulder, CO: Westview Press, 1994, vii + 246pp.

Carlos Taibo, La disolución de la URSS. Barcelona: Ronsel, 1994, xii + 376 pp., 1900 pesetas.

Miroslav Shkandrij, Modernists, Marxists and the Nation. The Ukrainian Literary Discussion of the 1920s. Edmonton: Canadian Institute of Ukrainian Studies Press, University of Alberta, 1992, xii + 265 pp.

Don C. Rawson, Russian Rightists and the Revolution of 1905. Cambridge: Cambridge University Press, 1995, xvi + 286 pp., £40.00 h/b, £19.95 p/b.

Mary Schaeffer Conroy, In Health and in Sickness: Pharmacy, Pharmacists and the Pharmaceutical Industry in Late Imperial, Early Soviet Russia. New York: East European Monographs, Boulder, distributed by Columbia University Press, 1994, viii + 703 pp., h/b, No price.

William Millinship, Frontline: Women of the New Russia. London: Methuen, 1993, xxi + 297 pp., £9.99 p/b.

Sebastian Siebel‐Achenbach, Lower Silesia from Nazi Germany to Communist Poland, 1942–1949. London and Basingstoke: The Macmillan Press Ltd, 1994, vii + 381 pp., £47.50.

John Erickson & David Dilks (eds), Barbarossa. The Axis and the Allies. Edinburgh: Edinburgh University Press, 1994, xii + 287 pp., £25.00

Yuri Pavlov, Soviet‐Cuban Alliance; 1959–1991. New Brunswick and London: Transaction Publishers, 1994, iv + 272 pp., $18.95.

Joshua Fogel, The Cultural Dimension of Sino‐Japanese Relations: Essays on the Nineteenth and Twentieth Centuries. Armonk, NY: M.E. Sharpe, 1995, 216 pp., £40.00 h/b, £16.00 p/b     

Origin of blood ethanol in decomposed bodies

Problems related to blood contamination by other postmortem fluids in decomposed bodies (DB) make the interpretation of medicolegal blood alcohol levels (B EtOH) a very difficult task. So the aim of this paper is to show the utilization of vitreous humor (VH) as the biological fluid for an unequivocal determination of ethanol origin in DB for forensic purposes. Alcohol was determined in VH, blood (chest fluid-CF) and urine (Ur) collected from 27 DB in different states of putrefaction. A simple head-space gas-chromatographic method was used. In fifteen cases alcohol was found to be of endogenous production due to its absence in VH. In the twelve remainders, alcohol was detected in VH and CF in an atypical distribution. Examining the reliable scene and historical information together with the analytical data, ethanol origin in these cases was classified: endogenous production (3 cases), ingested (2 cases), both (2 cases), contaminated plus endogenous production (3 cases) and unable to determine (2 cases). According to the results obtained it was possible to conclude that alcohol analysis in VH is fundamental for determining the origin of ethanol detected in CF of DB.     

Social heterogeneity and wasteful lobbying

Using a general equilibrium model with endogenous policy, we explore how heterogeneity affects wasteful lobbying by sectoral interest groups. With the help of a simulation approach, we first investigate the impact of information heterogeneity on how lobbies react to a shift from a soft to a strict government budget constraint. Next, we examine how lobbying is influenced by heterogenous perception of the general equilibrium implications of lobbying effort. Finally, we explore the consequences of heterogenous specialization in households' asset portfolios. We conclude that social heterogeneity in information, perceptions, and portfolio compositions increases incentives to lobby.