西部开发与私权立法研究

西部大开发战略已正式开始实施 ,但“西部开发”并非中国之“专利” ,很多国家都有“西部开发”史。所以 ,借鉴国外成功之经验 ,吸取国外失败之教训 ,将会使我国的“西部开发”顺利进行 ,少走弯路。通过比较中外“西部开发”之措施 ,作者发现 ,私权在“西部开发”中具有十分重要的作用。     

“记者比法官有用”现象之我见

“记者比法官有用─天下没有新闻媒介断不了的官司。”这种现象已对法官的威信、法律的威严造成了较大的负面影响。本文针对这种现象形成的原因及其利弊效果作了较为全面深入的分析,并力图端正认识,正确地估计评价新闻舆论监督的作用。     

Metal and metalloid multi-elementary ICP-MS validation in whole blood, plasma, urine and hair. Reference values

Four multi-elementary metal and metalloid quantification methods using inductively coupled plasma mass spectrometry (ICP-MS) were developed and validated in human whole blood, plasma, urine and hair by means of a single preparation procedure for each sample. The ICP-MS measurements were performed using a Thermo Elemental X7CCT series and PlasmaLab software without a dynamic reaction cell. With this procedure 27-32 elements can be simultaneously quantified in biological matrices: Li, Be, B, Al, V, Cr, Mn, Co, Ni, Cu, Zn, Ga, Ge, As, Se, Rb, Sr, Mo, Pd, Ag, Cd, Sn, Sb, Te, Ba, W, Pt, Hg, Tl, Pb, Bi, U. Whole blood, plasma and urine samples (0.4 ml each) were diluted with purified water, acid, triton X100 and butanol. Rhodium was used as internal standard. The urine sample results were corrected for enzymatic creatinine determination. Twenty-five milligrams hair samples were acid mineralized after a decontamination procedure and diluted as previously described for biological fluids. To be validated, each element had to show linearity with a correlation coefficient higher than 0.99. The intra-assay and inter-assay inaccuracy, measured as the variation coefficient, were below 5 and 10% respectively. Global performance was assessed by a quality control program. Our laboratory is a registered participant of the Institut National de Santé Publique du Québec (Sainte-Foy, Canada) inter-laboratory comparison program for whole blood, urine, and beard hair of non-occupationally exposed individuals spiked with selected elements. In our study multi-element metal and metalloid analysis was assessed for 27 elements in whole blood, 27 elements in plasma, 30 elements in urine and 32 elements in hair, from 0 to 25, or 250 to 1000 ng/ml, depending on the element. Quantification limits ranged from 0.002 ng/ml (U) to 8.1 ng/ml (Al) for whole blood, from 0.002 ng/ml (U) to 7.7 ng/ml (Al) for plasma, from 0.001 ng/ml (U) to 2.2 ng/ml (Se) for urine, and from 0.2 pg/mg (Tl) to 0.5 ng/mg (B) for hair. Normal values were determined in whole blood (n=100), plasma (n=100), urine (n=100), and hair (n=45) of healthy volunteers, leading to approximately 10,000 analyses. All results are presented and discussed. Clinical toxicology and forensic toxicology applications are also reported. ICP-MS has made significant advances in the field of clinical biology, particularly in toxicological analysis. This is due to the use of extremely effective equipment that permits better clinical and forensic toxicological analysis of metal and metalloid status of each individual patient.     

Suicides by fall from height in Geneva,Switzerland, from 1991 to 2000

Suicides due to fall from height in Geneva from 1991 to 2000 were reviewed. Scene investigations, autopsy findings, psychiatric histories, and toxicology results were examined. There were 197 of these suicides, an incidence of five cases per 100,000 inhabitants per year or one fourth of all suicides in Geneva per year. Autopsies were performed on 33%, the rest had external examinations. Of the victims, 56% were female and 44% were male. The age distribution peaked at 20-29 years in men and 60-69 years in women. Most of the victims jumped from their home, the range of 2 to 7 stories being the most frequent height. Major injury sites, in decreasing frequency, were the thorax, abdomen, skull, vertebrae, pelvis and limbs. Psychiatric illness was reported in 38% of the cases. Toxicological analysis was performed in 25% of the cases and showed that the main drugs present were benzodiazepines, cannabis and antidepressant.     

宪法监督制度及其完善——《监督法》草案有关宪法监督制度缺位之思考

2002年8月底首次提交人大审议的<监督法>草案,标志着人大对"一府两院"监督的法制化和规范化,但其仍然还有许多议题未获得明确和解决;其中宪法监督制度的缺位就是一大遗憾.建立宪法监督机构本应是<监督法>的首要解决问题,如果监督法回避这个问题,就不能起到其应有的作用,究其原因主要为,如果在人大内设立一个专门委员会,就会出现一个理论上的矛盾,当权力机关自身违宪,这个委员会该怎么处理.按照现行宪法的规.定,专门委员会不能对权力机关实施监督,也不能对违宪问题作出处理.同时,如果在全国人大之外或之上设立这样的机构,显然有违现行体制,原因在于人大本身就是负责监督宪法和法律实施,怎么可能在其之上或之外再设立一个机关?笔者以为,宜在我国设立全国人民代表大会领导下的与人大常委并列的宪法监督委员会,实施宪法监督职能;在三者职权划分上,全国人民代表大会仅负责宪法的制定、修改与废除以及其他立法之外的职能,其他立法职能委托全国人大常务委员会执行;全国人大宪法监督委员会负责实施宪法监督.     

等位基因分型标准物的法医应用及制备研究

短串联重复序列(shorttandemrepeats,简称STR)由于其本身的优点和检测技术的不断完善,在今后相当长的时间内仍将是法医应用的重要遗传标记。等位基因分型标准物是STR检测试剂盒的组成部分,能够保证各等位基因分型的准确性。本文对等位基因分型标准物的出现、在法庭科学上的应用以及目前制备方法进行了综述,并对各种制备方法进行比较,以期对各实验室按照实际需要自行制备相关STR的等位基因分型标准物在方法选择上有所帮助,从而更好地进行法医物证鉴定。     

社区防火工作的现状、隐患与对策

社区防火是城市防火的基础,但当前防火安全形势严峻,隐患较多,所以,必须明确权力与义务,落实安全措施,深入开展消防宣传,加强培训指导,加大执法力度,从根本上消除隐患,尽力减少火灾事故的发生。     

Inclusive National Governance and Trafficked Women in Australia: Otherness and Local Demand

Trafficked women are used and consumed in different ways and by different users in Australia. They are used by the traffickers and by the consumer of the destination country. They are used as prosecutorial tools by the national criminal justice agents. They are used by the national politicians to pursue border control policy objectives and to be seen as abiding by international protocols. In all these uses, the identity of the trafficked woman is formed and shaped to fit the users’ need. However, these women’s otherness and abjection is constantly maintained and reinforced. They are used as a commodity. Meanwhile, the discussion on the demand side, and the consequent responsibility of the destination country, is virtually omitted. This paper will raise the question of how the socio-legal analysis and discourse would evolve if a literal interpretation of trafficking women as a commodity was taken into account, exploring an international trade approach. The social construction of trafficked women as a commodity has been identified and criticised by academic scholars, NGOs’ and UN’s rapporteurs. By pursuing this line of approach, the destination country is forced to take more responsibility for how the woman is demanded within its territory. As a consequence of this international trade approach, the State should deliver equality and non-discrimination. Rather than being a cynical application of a trade framework to trafficked women, this approach aims to highlight the paradox of such a situation in legal terms. It is highlighted that approaching trafficked women from this legal and jurisprudential way may offer more possibilities to expand their claims against the State. Currently, in Australia, when a trafficked woman is located by the State, she would attract limited and temporal rights, her being the ‘other’ as well as an abject entity remains, notwithstanding the fact the she was imported because there is a demand within the territory.     

Bribing votes: A new explanation to the ``inequality-redistribution' puzzle in LDC's

The recent empirical literature on redistribution and developmentemphasizes two main evidences: (i) more redistribution generallyinduces higher growth rates and (ii) more inequality does notnecessarily increase the political demand for redistribution.These stylized facts are at odds with the correlations observedin developed countries. Several theoretical arguments can beadvanced to explain these puzzles. In this paper, it is shownthat ``vote purchases'' may be seen as an additional argument toexplain puzzle (ii). We formalize this idea and examine theconditions under which vote bribes may be an obstacle toredistribution (and thus to growth) in a developing economy.     

Parallel Systems and Human Resource Management in India's Public Health Services: A View from the Front Lines

There is building evidence in India that the delivery of health services suffers both from an actual shortfall in trained health professionals and from unsatisfactory results of existing service providers working in the public and private sectors. This study focuses on the public sector and examines de facto institutional and governance arrangements that may give rise to well‐documented provider behaviors such as absenteeism that can adversely affect service delivery processes and outcomes. We analyze four human resource management (HRM) subsystems: postings, transfers, promotions and disciplinary practices from the perspective of front‐line workers—physicians working in rural healthcare facilities operated by two state governments. We sampled physicians in one “post‐reform” state that has instituted HRM reforms and one “pre‐reform” state that has not. The findings are based on both quantitative and qualitative measurements. The results show that formal rules are undermined by a parallel modus operandi in which desirable posts are often determined by political connections and side payments. The evidence suggests an institutional environment in which formal rules of accountability are trumped by a parallel set of accountabilities. These systems appear so entrenched that reforms have borne no significant effect. Copyright © 2015 John Wiley & Sons, Ltd.