中国面临的国际经贸摩擦及应对措施

进入21世纪,中国外经贸迎来了国际贸易规则的种种挑战,这些挑战虽已在人们的意料之中,但就其复杂程度而言,又出乎人们意料之外。种种迹象显示,正当中国企业发力进军海外市场之时,中国也步入了国际经贸摩擦的高发期。我们必须正视国际经贸摩擦问题,认真分析国际经贸摩擦产生的原因,从而更好地采取措施去应对国际经贸摩擦。     

General systems theory and criminal justice

Criminal justice agencies are organized sequentially — “output” from one agency is “input” to the next — but most scholars argue that criminal justice is not a system in a theoretical sense. In this article, it is argued that general systems theory (GST) reveals important insights into criminal justice structures and functions. Specifically, it is argued that the criminal justice system processes “cases” rather than people, and that the common goal of criminal justice processing is to “close cases so that they stay closed.” It also is argued that processing capacity progressively declines, in that at each system point the subsequent agency cannot input as many cases as the previous agency can output. Each agency therefore experiences “backward pressure” to close cases in order to reduce input to the next agency. Overall, this article highlights that criminal justice agents and agencies are best understood as operating in the context of the larger whole, thus it is concluded that criminal justice is a system in the sense of general systems theory.     

Surveillance of human immunodeficiency virus (HIV) antibodies in medicolegal autopsies in Finland--monitoring early changes in HIV-seropositivity among risk groups and average population.

In order to cooperate with voluntary screening programs aimed at the surveillance of the HIV epidemic in Finland, we have studied medicolegal autopsies for HIV antibodies since 1986 using an enzyme immunoassay on postmortem sera. The investigation covered 47.4% and 39.2%, respectively, of all deaths under the age of 65 years in the metropolitan areas of Helsinki and Turku--two cities on the densely populated southern coast of Finland from which most HIV infections have thus far been detected. Nine HIV-positive cases (0.12%) were detected among the 7305 medicolegal autopsies tested in 1986 to 1990. This figure is higher than the prevalence of 0.01 to 0.03% in voluntary screening programs for the general population would suggest. Seven of our cases had previously tested positive, and two were previously unknown cases, indicating that people at high risk are clustered in the medicolegal autopsy series. Of the six cases in an early stage of infection, three committed suicide suggesting the importance of HIV-screening in suicide cases in tracing symptomless HIV carriers. Five of the cases were detected in 1990, a year when the number of new HIV infections had more than doubled compared to the previous two years. This suggests that testing of medicolegal autopsies as surrogate tests for the population gives useful information even in low-prevalence areas like Finland. Such testing has none of the ethical problems of many other back-up surveys, and may be particularly sensitive to early changes in epidemiology.     

Advance notice as a means of reducing relative deprivation

Considerable research has documented that global perceptions of proceduralv fairness are associated with reductions in relative deprivation (RD). Less research has examined the specific process elements that lead individuals to perceive procedural fairness. In view of this, several researchers have suggested that providing advance notice concerning a negative decision increases perceived justice and thereby lowers levels of RD. Unfortunately, the evidence for this causal relationship is currently limited and is based upon a small number of correlation and role-playing studies. Thus, the present paper reports on two experimental studies that investigate the causal relationship between advance notice and RD. Findings in Study 1 showed that advance notice impacted the cognitive aspects of RD but not the affective or behavioral aspects. However, some methodological limitations were identified. These were corrected and a second experiment was conducted. This time advance notice lowered both the cognitive and affective aspects of RD but still did not impact the behavioral measure. Results are discussed in terms of Tyler's (1987) group value model.     

Are disturbed and normal adolescents equally competent to make decisions about mental health treatments?

This study uses a structured vignette procedure to assess competency to make treatment decisions in two groups of adolescents, one at risk for institutional placement and the other a matched community sample. Scores on Factual Understanding (the ability to recall facts), Inferential Understanding (the ability to make inferences about those facts), and Reasoning (the ability to weigh risks and benefits of various treatment options and to make choices based on that reasoning) were compared. Results showed that while at-risk adolescents and their community, counterparts did not differ in their factual and inferential understanding abilities, the at-risk adolescents did significantly less well than the community adolescents in reasoning. This difference could not be fully explained by differences in verbal IQ. Girls, no matter what their risk status, scored higher than boys on the Reasoning scale. Implications for legal policies concerning adolescents are discussed.     

The Whole-Brain Concept of Death Remains Optimum Public Policy

"Brain death," the determination of human death by showing the irreversible loss of all clinical functions of the brain, has become a worldwide practice. A biophilosophical account of brain death requires four sequential tasks: (1) agreeing on the paradigm of death, a set of preconditions that frame the discussion; (2) determining the definition of death by making explicit the consensual concept of death; (3) determining the criterion of death that proves the definition has been fulfilled by being both necessary and sufficient for death; and (4) determining the tests of death for physicians to employ at the patient's bedside to demonstrate that the criterion of death has been fulfilled. The best definition of death is "the cessation of functioning of the organism as a whole." The whole-brain criterion is the only criterion that is both necessary and sufficient for death. Brain death tests are used only in the unusual case in which a patient's ventilation is being supported. Brain death critics have identified weaknesses in its formulation. But despite its shortcomings, the whole-brain death formulation comprises a concept and public policy that make intuitive and practical sense and that has been well accepted by many societies.     

The distribution of ethanol in postmortem blood specimens.

Ethanol was determined by gas chromatography in a variety of tissues and body fluids secured at autopsy in 61 cases. The specimens tested included right and left heart blood, femoral blood, pericardial fluid, cerebrospinal fluid, vitreous humor, urine, stomach contents, and brain. Statistical analysis of the cases revealed no significant differences among the various blood sites tested. However, the variations in blood ethanol concentrations among the various sampling sites within each case were as follows: 40 cases showed differences of less than 25%; 16 cases revealed variability between 25% and 50%, 4 cases had differences exceeding 50%. In one case, satisfactory blood analyses could not be accomplished. The larger variances occurred especially in those instances in which stomach alcohol concentration was 0.50% or greater. In one case, the variability amongst the different blood sites exceeded 400% (femoral blood--0.043%, right atrium--0.070%, root of aorta--0.156%); the brain was 0.050%, and the stomach contents was 1.2%. For all 61 cases, variances in blood alcohol content among the different sampling sites in a single cadaver ranged from 1.8 to 428%.