论行政滥用职权司法审查的界限

《中华人民共和国行政诉讼法》将滥用职权作为法院撤销被诉具体行政行为的法定理由,在行政权不断扩张的今天．该规定的内容使得司法权可以对行政主体的栽量活动进行审查,为防止行政权行使的肆意提供了司法保障。但是在我国当下的现实中,行政法学界对“滥用职权”的内涵与表现形式等基础理论研究存在较大争议,形成多种不同的观点,相对一致的学说理论没有形成;法律规定和司法解释也没有对“滥用职权”进行准确定位,进而导致在司法审判中,法官对“滥用职权”的标准难于把握,不能、不愿也不敢适用“滥用职权”而撤销具体行政行为。笔者试从“滥用职权”的不同认识出发,梳理之间存在的核心争议点,进而根据行政权与司法权之间的分权制衡,界定滥用职权司法审查的界限与深度．以期明晰在司法审查中法官需要把握的适用标准。     

针对海量数据的数字取证模型

随着互联网技术的发展,电子产品被广泛应用在各个领域。与此同时,涉及到数字证据的犯罪案件日益增多。目前,侦查取证人员面临的巨大挑战是需要在短时间内在存有海量数据的大容量存储介质中进行搜查取证活动,传统的数字取证模型难以应对。     

A Bayesian Multilevel Modeling Approach to Time-Series Cross-Sectional Data

Joseph Bafumi Department of Government, Dartmouth College,6108 Silsby HallHanover, NH 03755 e-mail: joseph.bafumi{at}dartmouth.edu Luke Keele Department of Political Science, Ohio State University,2137 Derby Hall, 154 N Oval Mall, Columbus, OH 43210 e-mail: keele.4{at}polisci.osu.edu David Park Department of Political Science, George Washington University,1922 F Street, N.W. 414C, Washington, DC 20052 e-mail: dkp{at}gwu.edu e-mail: bshor{at}uchicago.edu (corresponding author) The analysis of time-series cross-sectional (TSCS) data hasbecome increasingly popular in political science. Meanwhile,political scientists are also becoming more interested in theuse of multilevel models (MLM). However, little work existsto understand the benefits of multilevel modeling when appliedto TSCS data. We employ Monte Carlo simulations to benchmarkthe performance of a Bayesian multilevel model for TSCS data.We find that the MLM performs as well or better than other commonestimators for such data. Most importantly, the MLM is moregeneral and offers researchers additional advantages. Authors' note: A previous version of this article was presentedat the 2005 Midwest Political Science Meeting. We would liketo thank the following for comments and advice in writing thispaper: Andrew Gelman, Nathaniel Beck, Greg Wawro, Sam Cooke,John Londregan, David Brandt. Any errors are our own.     

Free Fatty Acids Composition in Adipocere of the Kwäday Dän Ts’ìnchí Ancient Remains Found in a Glacier*

Abstract: Adipocere is a postmortem decomposition product consisting of mostly a mixture of free fatty acids (FFAs) that are formed because of the hydrolysis of triglycerides in adipose tissues. This article describes a simple and robust method for the extraction, identification, and quantification of FFA commonly found in adipocere using gas chromatography–mass spectrometry (GC/MS). This method was applied to analyze tissues from Kwäday Dän Ts’ìnchí, ancient remains discovered in a retreating glacier in the Tatshenshini‐Alsek Park, British Columbia, Canada in August 1999. The lyophilized tissues were grinded and extracted with hexane. The trimethylsilyl fatty acid derivatives were analyzed by GC/MS, and the relative abundances of myristic acid, palmitic acid, oleic acid, and stearic acid were determined. Milligram per gram levels of saturated fatty acids were found in the tissues of the ancient remains, while the levels of unsaturated fatty acids, such as palmitoleic acid, were found to be negligible. The results provided further evidence of the existence of adipocere found during forensic examination of the Kwäday Dän Ts’ìnchí ancient remains.     

Isolation and characterisation of a novel sildenafil analogue adulterant,desmethylpiperazinyl propoxysildenafil,in a dietary supplement

A new sildenafil analogue was detected during routine screening of dietary supplements suspected to be adulterated with an erectile dysfunction drug(s) using HPLC-DAD. The UV spectrum of this compound was highly similar to that of sildenafil and almost identical to that of desmethylpiperazinyl sildenafil. The analogue was purified by using semi-preparative HPLC and structurally elucidated by performing mass spectrometric and NMR spectroscopic experiments. The spectral data revealed that this sildenafil analogue bears an n-propoxy group instead of an ethoxy group and possesses no methylpiperazinyl moiety. The isolated compound, structure of which was further confirmed by spectral comparison with synthetic one, was thus named as desmethylpiperazinyl propoxysildenafil.     

Fingermark visualisation on metal surfaces: An initial investigation of the influence of surface condition on process effectiveness

Fingermark recovery from metal surfaces is an area of operational interest, both from the association of metals with weapons used in violent crime and from the increasing incidence in metal theft. This paper reports a feasibility study into the effectiveness of a range of fingermark visualisation processes in developing fingermarks on clean metals (brass, bronze and stainless steel), and on the same metals after prolonged exposure to an outdoor environment. Scanning electron microscopy (SEM) was used to investigate how the surface type and condition could influence the development of fingermarks for each of the processes used. It was found that the behaviour observed varied between each of the processes (cyanoacrylate fuming, Lumicyano?, gun blueing and carbon-based powder suspension). In some cases the chemical composition of the surface affected the development of the mark more than the surface condition, and in other cases the reverse was true. The best performing processes differed according to the surface type and condition, with cyanoacrylate fuming processes working best on brass and bronze, and powder suspensions being better on stainless steel. These preliminary results reinforce the need to take into account both surface type and condition before selection of the most effective fingermark visualisation process and demonstrate the value of techniques such as SEM in developing a fundamental understanding of the interactions between fingermarks and surfaces.     

人外周血FoxO3a mRNA表达随龄变化规律的初步研究

目的评估人外周血中FoxO3a mRNA表达的随龄变化规律,为法医学个体年龄推断寻找新的分子指标。方法采集80个健康无关个体血样,按年龄分为8组:≤9岁、10～19岁、20～29岁、30～39岁、40～49岁、50～59岁、60～69岁、≥70岁组,每组10人。提取总RNA后,用实时定量RT-PCR技术检测FoxO3a mRNA的表达水平。结果人外周血FoxO3a mRNA表达随年龄的增长而逐渐增加,具有良好的相关性(r=0.841,P0.01),以年龄分组为自变量,FoxO3a mRNA表达水平为因变量,可得拟合曲线Y=0.001e0.418x。结论人外周血中FoxO3a mRNA表达具有较强的年龄特征,有望成为年龄推断的有用指标之一。     

Community‐based restorative transitional justice in Sierra Leone

Community‐based restorative transitional justice is an important feature of peace consolidation, maximizing access to justice and facilitating reconciliation. Examining post‐conflict Sierra Leone as a case study, the author draws on existing justice practices in Sierra Leone as examples of restorative responses to war criminality. Specifically, the traditional reintegration of former male and female combatants and the emergence of a new project, ‘Fambul Tok’ are detailed. The author discusses and compares the Special Court for Sierra Leone and the Truth and Reconciliation Commission to point to gaps in transitional justice that call for community‐based restorative strategies.     

Family succession through adoption in the Chosun Dynasty

Using a unique data source of genealogies of upper-status families, called Bulcheonwye families, we assess how the extent of family succession through adoption changed over five centuries from 1450 to 1949 in Korea. Our analysis shows the continued increase in the share of adopted sons among total family successors up to the end of the 19th century when three out of ten family successors were adopted. The trend of the increasing role of adoption is closely related to the declining number of sons per family, suggesting that not only the rising influence of Confucian culture but also demographic changes increased the demand for adoption. Finally, our comparison provides evidence that the likelihood of achieving high social status was significantly higher among adopted sons than biological ones, suggesting that the socioeconomic potential of adopted sons could be an important factor for adoption decision.