香港与内地仲裁裁决司法审查制度的借鉴和融合

通过对香港和内地在仲裁裁决司法审查范围、标准和技术方面的综合分析,本文认为两地在司法制度、法治发展和仲裁理念上的较大差异导致了两地在对待仲裁裁决司法审查上之截然不同。重要的是,香港法院对仲裁的支持态度及其具体审查操作的先进经验,可为内地在这一领域的改革提供重要指引。《香港与内地关于相互执行仲裁裁决的安排》实施近十年来,已逐渐出现两地仲裁界和司法界在审查制度面向上的趋同。惠于"一国两制"和"更密切经贸关系"的大背景,相信两地间商事仲裁的融合会更加蓬勃发展,为中国跨境商事活动提供更好的争端解决服务。     

Parliamentary influence in a new democracy: The Spanish congress

This study, based on elite interviews and quantitative data, examines the public policy‐making influence of the Spanish Congress since the formation of its new democracy (1979–96). Three of the factors considered in this study are derived from previous comparative legislative studies: (1) the size of or absence of majority representation of the government party in the legislative body; (2) the degree of party unity and party discipline; and (3) the existence of a specialised committee system. In new democracies, we must also take into account the malleable circumstances of the new regime. In Spain, the following also appear to have an impact on parliamentary influence especially: (1) the special requirements of the process of democratic consolidation; (2) the nature of legislation; (3) the formal rules affecting parliament; (4) the impact of membership in the European Union; and (5) Spain's asymmetric federal structure.     

用引物Y_3,Y_4和DNA扩增技术作血液(痕)和毛根性别鉴定的研究

作者用引物Y_3、Y_4和DNA聚合酶链式反应(PCR)作微量人类血液(痕)和毛根的性别鉴定。扩增的靶序列位于Y染色体DNA特异3.4kb重复序列中,扩增产物为460bp。检材用量为:新鲜血液0.5μl、血痕纱纤维1mm、毛根单个。20例保存4个月的血痕与2例保存6年半的血痕性别判定结果均正确,无性别记载的保存9～11年的3例血痕显现了清晰的460bpY特异DNA扩增带。15例保存20天的自然脱落毛根性别判定结果均正确。本法省略了检材处理中的酚-氯仿抽提DNA等纯化步骤,既简化了实验操作,又减少了检验过程中外源DNA的污染机会和样品DNA的损耗,使这一性别鉴定方法更符合法医学实践的需要。     

PAP免疫组织化学技术检测血小板膜糖蛋白

<正> 血小板膜糖蛋白 GPⅠ_b 和 GPⅢa 在血小板粘附、聚集中起着极其重要的作用。为了直接检测组织中血小板粘附、聚集和血栓形成,我们建立了应用抗人血小板膜糖蛋白 GPⅠ_b和 GPⅢa 的单克隆抗体的 PAP 免疫组织化学技术,并首次对该技术在法医学中的应用进行了初步探讨。     

Plural institutionalism and the emergence of intellectual public spaces in contemporary China: Four relational patterns and four organizational forms

This article discusses the relationship between intellectuals and the party‐state in 1980s China. By drawing insights from the new institutionalism, the author proposes a new theoretical model, which is called ‘plural institutionalism’, as an alternative to the conceptual schema of ‘civil society against the state’ currently prevalent in the related literature. To examine the explanative power of the new model, an empirical study of the activities of four groups, which represented the four organizational forms of Chinese intellectual public spaces in the 1980s, is presented. The shaping influence of historically evolving institutional configuration upon different actors’ political preferences is highlighted to explain the diversity of the relational patterns between intellectuals and the party‐state. In the final part, the analysis centers on the institutional channels that linked intellectuals and students, and reveals the role of the institutional factors in shaping intellectuals’ political preferences, choices, and actions in the Tiananmen Movement of 1989, giving an explanation of why Chinese intellectuals failed to prevent the student's movement from its tragic radicalization.     

The Effects of Juror Anonymity on Jury Verdicts

This study examined the effects of anonymity on jurors' verdicts and on jurors' feelings of accountability for their jury's verdicts. Twenty four-person anonymous juries and 20 four-person nonanonymous juries rendered individual and group verdicts for three student defendants charged with selling drugs on a school campus. When unanimous guilty verdicts were reached, juries imposed one of five punishments. Finally, jurors completed postdeliberation opinion and accountability questionnaires. As predicted, anonymous juries showed a higher rate of conviction (70%) than did nonanonymous juries (40%) when the evidence against the defendant was strong, supporting the hypothesis that anonymity would have a greater effect for situations in which there was relatively strong evidence of the defendant's guilt. Anonymous juries imposed the harshest punishment (expulsion) significantly more often than did nonanonymous juries. Contrary to predictions from differential self-awareness theory, anonymous juries did not report feeling less accountable than did nonanonymous juries. However, anonymous juries did see the process as significantly more fair than did identifiable juries.     

US Appeals Court reminder: threats of litigation made during TTAB settlement discussions may support jurisdiction for declaratory judgment

The Court of Appeals for the Ninth Circuit held that jurisdictionwas proper in a declaratory judgment action brought to establishtrade mark non-infringement, when the plaintiff had a reasonableapprehension of litigation based on threatening statements madeduring the course of discussions to settle disputes pendingbefore the Trademark Trial and Appeal Board (TTAB) that wereotherwise subject to Federal Rule of Evidence 408, which typicallymakes statements made during settlement inadmissible for establishingliability but not for other purposes.     

计算机网络与犯罪预防

计算机网络空间是相对于领土、领水、领空、浮动领土的"第五空间","第五空间"中资源全球共享,数据传输信息化,任何人只要"轻轻一点鼠标,世界便尽在掌握",计算机以高效、智能、规范等优势迅速溶于社会和生活。另一方面,没有围墙,没有铁锁,没有防盗门,没有界限的概念,极端的交互开放与微弱的安全防护,就为肆机作案以谋取非法利益的犯罪分子提供温床。计算机网络犯罪层出不穷,花样翻新,日益猖獗,给"第五空间"的正常运行造成相当大的阻碍。为此,我们应当积极地分析当前计算机网络的现状,从各个途径制止和减少计算机网络犯罪的发生,还"第五空间"以安全和宁静。     

On the measurement of friend behavior in research on friend influence and selection: Findings from longitudinal studies of adolescent smoking and drinking

The principles that behavior is strongly influenced by the behavior of friends, and that people select each other to be friends on the basis of common characteristics, are based in large part on the many studies of adolescents that found the behavior of friends to be similar. In most of these studies, subjects were asked to describe, the behavior of their friends, and this information was then related to subjects' reports of their own behavior. The research on adolescent smoking and drinking described in this paper departs from that tradition by including friend reports of friend behavior so that results based on the different sources for measuring friend behavior can be compared. Subject report of friend behavior is a stronger correlate, of adolescent behavior than friend report of friend behavior, but the two sources for measuring friend behavior produce the same correlations with subject behavior when using longitudinal designs and controlling for prior subject behavior. The findings are discussed in the context of theoretical and methodological considerations of peer influence and selection.This research was supported by grants from the National Institute on Alcohol Abuse and Alcoholism (AA04099) and the National Institute on Drug Abuse (DA02480) of the U.S. Department of Health and Human Services.Received his Ph.D. from Florida State University. His research interests include adolescent health and evaluation research.Received her M.A. from University of North Carolina at Chapel Hill. Her research interests include methodology and analyses in behavioral sciences and applied social and developmental psychology.     

美国对外投资收益与经济霸权

美国国际贸易逆差已持续30多年,对外投资收益和向外国投资者发行政府债券是美国支付贸易逆差的主要手段,美国商务部近期发布的2007年美国国际收支数据进一步证实了这一点.造成这一现象的根本原因在于美国在世界经济体系中拥有经济霸权.美国综合运用政治实力、贸易逆差战略及对美元汇率的掌控,获得了非对等收益.