“王朝案”中的证据法难题及其破解

"王朝案"的发生引发了三个证据法上的疑难问题:一是证据的合法性问题,主要涉及侦查人员无管辖权取证的效力问题;二是瑕疵证据的补正和合理解释"度"问题;三是证据采信的公正性问题,尤其是特殊侦查措施所获证据应否公开质证的问题。从证据法理上讲,侦查机关虽然违反管辖权而取证,但若并未侵犯被追诉人公正审判权,所获证据自无排除之必要;瑕疵证据的补正或合理解释"度",以确证瑕疵证据的客观性和真实性为已足;特殊侦查措施所获的证据材料,虽然可以不向公众公开,即实行不公开审理,但却必须向辩方公开特殊侦查的结果,并允许辩护人参与该证据的质证过程。     

推动资源枯竭型城市转型 深入推进可持续发展战略

该文指出,面对新的历史发展机遇和挑战,中国应当进一步明确发展思路和发展重点,努力在经济结构调整、发展方式转变上探索出一条新路,为资源枯竭型城市谋求新一轮发展,推进中国可持续发展。     

Postmortem chest computed tomography for the diagnosis of drowning:a feasibility study

It may be difficult to distinguish the cause of death in drowning cases without specific findings. The aim of this study was to explore the forensic value of thoracic postmortem computed tomography (PMCT) using routine images and three-dimensional (3D) image reconstructions. The imaging data of PMCT examinations of six drowning cadavers, aged 21–54 years, were analyzed. Twelve victims of sudden death from coronary artery disease (CAD) were chosen as a control group. After 3D bilateral lung images were reconstructed using image processing software, an interactive medical image control system was used to measure and analyze parameters including lung volume, lung volume ratio, mean CT value of the whole lung, and lung CT value distribution curves. Lung volume and lung volume ratio were used to assess the shape changes of the lung. Lung CT value distribution curves showed the corresponding number of pixels of the different CT values in the lung image. Lung volume was not significantly larger in drowning cases (mean 2 958 cm³) than in controls (mean 2 342 cm³). Lung volume ratio values in the drowning group (mean 0.3156) were greater than those in the control group (mean 0.2763); (P = 0.02). There was no significant difference between the drowning and control group in the mean CT value of the whole lung. There were differences between lung CT value distribution curves in drowning victims and controls, with drowning victims showing a single peak and CAD cases showing a bimodal distribution. Thoracic PMCT is helpful for the forensic medical diagnosis of drowning. Lung volume ratio and lung CT value distribution are potential indicators to distinguish between drowning and CAD.     

井冈幽兰——朱德元帅夫人伍若兰

兰花,多年生草本植物,是既可野生也可盆栽供观赏的名贵花种。中国兰花文化已有两千多年的历史,内涵丰富,寓意深厚,以致形成了一种风气：崇尚兰花的气韵清雅,飘逸不俗;兰花的品相和精神千百年来入诗、入画不断。写兰吟兰的佳品层出不穷：“孤高气节山中兰,披霜戴月偏相安”。     

Asymmetric bargaining between Myanmar and China in the Myitsone Dam controversy: social opposition akin to David's stone against Goliath

The Myitsone Dam suspension is an asymmetric negotiation between Naypyitaw and Beijing. The bilateral agreement of the hydropower project was concluded in 2009. However, Myanmar's civil society started to oppose the dam when political opportunities expanded in 2011. The quasi-civilian government in Myanmar was caught in an ‘audience cost dilemma': either to disappoint domestic constituents by fulfilling international obligations, or to compensate the Chinese dam developer for breaching the contract. In September 2011, Myanmar President Thein Sein declared the suspension of the dam throughout his tenure. Unexpectedly, China's state-owned dam company did not sue Naypyidaw. Moreover, Beijing even engaged with societal actors in Myanmar to seek their support for the project. How could Naypyitaw defy Beijing in this Myitsone Dam case? Drawing from 35 interviews with anti-dam campaigners and other stakeholders, as well as secondary data, this article argues that the rise of civil society successfully conditioned Naypyitaw's diplomatic options in the controversy. The change of Beijing's diplomatic strategy confirms that domestic constraint in Myanmar is not rhetorical. The Myitsone Dam case is an example that shows bilateral agreement without domestic endorsement can become China's business risk. Presumably, the dispute has wider implications for other Chinese overseas projects outside Myanmar.     

Public Perceptions of Income Inequality in Hong Kong: trends,causes and implications

This article examines the patterns and changes in public perceptions of domestic income inequality in Hong Kong in the past two decades and explains individual variations in these perceptions. It found that the perceived seriousness of income disparities had been persistently high, while the perceived unjustness of income disparities showed a fluctuating trend. Our findings lent partial support to the structural position thesis that the privileged groups are less likely than the underprivileged groups to consider existing income disparities to be serious and unjust. Nonetheless, the popular understanding of poverty is still biased towards ‘individual’ explanations, and this perhaps explains why the government is less willing to tackle the economic and political foundations of poverty in Hong Kong.     

马克斯·韦伯的法理型统治学说探析

在《经济与社会》一书中马克斯·韦伯阐述了理想类型的体系,其中有关统治的类型情况则集中地表。达了马克斯·韦伯关于统治类型的学说,魅力型统治、传统型统治、法理型统治是合法性统治的三种类型。探析马克斯·韦伯关于法理型统治及其基本条件的学说和观点,对推进社会主义法治国家的构建具有重要的意义。     

群体性事件临战处置的战术探讨

群体性事件之所以难以处置,不仅在于群体性事件发生的原因杂、涉及广、人数众、局面乱,还在于指导公安机关处置群体性事件的意见和规定或过于抽象,或过于笼统,缺少适应性和操作性,跟不上治安形势的发展。尽管在群体性事件的临战处置中,警察的职责任务、警力调动、处置措施都有相应的规定,但目前从警察临战战术的层面进一步研究群体性事件的处置程序和方法,使之更具有操作性和针对性,仍是公安理论研究的一项迫切任务。     

Coevolution and Sino-Japanese Tensions

Unlike those who blame the other side or structural forces beyond one's control for the current Sino-Japanese tensions, this paper offers a theoretical insight about the coevolution between China and Japan to explain why the two Asian great powers that had a better relationship in the past are now experiencing greater tensions when their much closer economic and people-to-people ties should facilitate greater cooperation. The two nations have coevolved over millennia with increasing intensity over time. They avoided serious tensions in the 1970s-1990s partly thanks to each being situated in a different niche. But that separation has diminished in a globalizing world and the two countries are becoming more integrated, which has triggered a backlash. The earlier generation of proponents of Sino-Japanese friendship succeeded in forging strong economic and social ties, but the current generation finds it difficult politically and psychologically to manage the new reality in their relations.