执政党执政合法性的内涵与资源探析

在政党政治时代,执政合法性是任何执政党必然面对和必须重视的首要问题,也是执政党有效运作的首要条件,缺乏合法性即面临合法性危机,就会导致执政党执政权力的削弱甚至执政地位的丧失。     

Morphometrics of the hyoid bone for human sex determination from digital photographs

The identification of unknown remains is very important. When unknown remains are found, anthropologists first determine their sex and age. The sex of most skeletons is determined by their shape. In the hyoid bone, the shape is sex related, so it can be used forensically to determine the sex. This study focused on sex-based morphometry of the hyoid bone in Koreans using digital photographs. Hyoid bones from 52 males and 33 females were examined. For each subject, we took 34 measurements from photographs using a computer program, and the data were analyzed statistically using SPSS 11.0. Twenty-one of 34 measurements had significant sex differences (p<0.05). The discriminant functions based on three measurements (X(1)-X(3)) were as follows: The accuracy of discriminant functions is 88.2% in both groups, so these can be used to distinguish males from females in a statistically significant manner.     

Forensic genetic analysis of mitochondrial DNA hypervariable region I/II sequences: an expanded Korean population database

We have analyzed variation of the mitochondrial DNA (mtDNA) hypervariable segments I and II (HVS-I and HVS-II) in 185 randomly chosen individuals from Korea to provide an expanded and reliable Korean database. Combined sequence comparison of HVS-I and HVS-II led to the identification of 167 different haplotypes characterized by 154 variable sites. One hundred and fifty-one of the haplotypes were individual-specific, 14 were found in two individuals and 2 were found in three individuals. A pairwise comparison of the 185 HVS-I/II sequences found an average of 10.11 +/- 4.63 differences between individuals. The random match probability and gene diversity for the combined hypervariable regions were estimated at 0.66% and 0.9988, respectively. Analyzing the expanded database including three previously reported data sets and the present data using haplogroup-based comparisons and comparison with closely related sequences allowed errors to be detected and eliminated, thus considerably improving data quality. Sample division comparisons based on PhiST genetic distance measures revealed no significant population differentiation in the distribution of mtDNA sequence variations between the present data set and a database in The Scientific Working Group on DNA Analysis Methods (SWGDAM), but did indicate differences from other sets of data. Based on the results of mtDNA profiles, almost all of the mtDNA types studied here could be classified into subsets of haplogroups common in east Asia, and show that the Koreans possess lineages from both the southern and the northern haplogroup complexes of east Asian populations. The new data, combined with other mtDNA sequences, demonstrate how useful comparison with closely related mtDNA sequences can be for improving database quality, as well as providing haplotype information for forensic and population genetic analyses in the Korean population.     

论挪用型犯罪中“营利活动”的司法认定

挪用型犯罪中的"营利活动"不仅包括民商事法律领域所指的"营利活动",还包括多种非典型的"营利活动".行为人挪用资金后自用或者参与使用这笔资金,有可能得到收益或者减少自己支出的行为,都属于刑法挪用型犯罪的"营利活动"范畴.在此基础上,依据对社会经济秩序的危害程度,可以将挪用型犯罪中的"营利活动"分三个层次,在量刑上予以区别.     

胸骨形态变化与年龄关系的研究进展

胸骨在发育和退化的过程中,随年龄增长发生着规律性形态改变.国内外学者对胸骨形态变化与年龄的关系做了大量研究,积累了一些宝贵资料,这些成果为研究胸骨三维重建影像的形态变化奠定了基础.三维重组技术的引入,有望引起利用胸骨推断活体年龄方法的突破性发展.本文对相关研究进展进行综述.     

Sex determination from the talus of Koreans by discriminant function analysis

The aims of this study were to investigate the sex discriminating potential of the talus in Koreans and compare this with other analyses in different populations. Statistical analyses were performed using data from nine measurements acquired from 140 tali (70 men, 70 women). The talus of Koreans is dimorphic between sexes in all measurements (p < 0.01). Discriminant function equations were generated by univariate, multivariate, and stepwise methods with a range of accuracy from 67.1 to 87.1%. Stepwise equations of other populations did not discriminate the sex of the Korean sample as accurately as each equation's own accuracies. The variables with high accuracy in this study are useful for sex determination of Koreans on the basis of confirmation of population specificity.     

Genetic and chemical components analysis of Papaver setigerum naturalized in Korea

Of the 110 species of genus Papaver, only Papaver somniferum and P. setigerum are controlled poppies in Korea. All poppy samples share similar morphology therefore it is important to check if they contain controlled substances such as morphine and codeine for forensic purpose. Since the alkaloid content of Papaver plants varies according to their growing stage, chemical components analysis alone is not enough to identify exact species. In 2010, hundreds of poppy plants suspected to be P. somniferum were found in Jeju Island, South Korea. They had a slightly different but overall similar appearance to P. somniferum. Using GC-MS analysis, codeine, rhoeadine, papaverine, protopine, noscapine, setigeridine and trace amounts of morphine were detected in these samples. Although their chemical components were different from what has been described in literatures for P. setigerum, they could be assumed to be P. setigerum based on their morphological features and GC-MS results. Also, chromosome numbers using their seeds showed 2n=44 and the numbers were in accordance with those of P. setigerum. Nucleotide substitution or insertion/deletion of ITS (internal transcribed spacer), 18S rRNA (ribosomal RNA), rbcL (large subunit of ribulose 1,5-bisphosphate carboxylase), trnL-trnF IGS (intergenic spacer), trnL intron and psbA-trnH were assessed as universal genetic markers for P. setigerum. Also, genetic analysis using six target genes involved in the biosynthesis of benzylisoquinoline alkaloids, including TYDC (tyrosine/dopa decarboxylase), SAT (salutaridinol-7-O-acetyltransferase), BBE (berberine bridge enzyme), COR (codeinone reductase), CYP80B1 ((S)-N-methylcoclaurine 3'-hydroxylase) and NCS (norcoclaurine synthase) were tested as Papaver-specific genetic markers by the existence of their PCR products. From the results, the sequences of the 6 universal genetic markers and 6 Papaver-specific genetic markers for P. setigerum were identified and then Genbank accession numbers of them were registered in NCBI. Also, the trnL intron and psbA-trnH nucleic acid sequences of the 7 Papaver species were identified and registered.     

商标法中在先权利的法理分析

在先权利是一个开放的抽象概念.由于对在先权利的对象所包含的信誉与影响力的搭便车行为违反了商标法所追求的维护公平正当的市场竞争秩序的宗旨,也造成商标权人不当得利,各国法律均保护在先权利.但就我国商标法的在先权利条款而言,其内容构成的不同理解思路产生了不同的在先权利保护效力.我国司法实践将知识产权法与民法通则所明确规定的权利以及合法利益都归为在先权利,均能够适用商标法规范直接撤销在后的商标注册,从保护体系协调看,这一定位是符合公平原则的.     

转型时期党领导下的边疆地区社会管理方式创新研究——以广西河池基层党组织建设为例

本文在对我国边疆地区社会管理所面临的无限增长的基层公共服务需求,不断增加的流动人口和特殊群体数量,动态变化的社会管理新形势、新情况,人民群众深刻变化的思想观念和相对欠缺的少数领导干部的能力和素质等问题进行分析的基础上,对广西河池依托基层党组织建设探索出的转型时期边疆地区党领导下的社会管理方式创新进行了深层次的解读,旨在为边疆地区新时期社会管理创新工作提供理论和实践上的参考。     

美国民众对中国台湾地位认知的影响因素——基于美国人对华态度实证调研

台湾历来是中国领土的一部分,由于台湾优越的地理位置,长期受到外来势力的干扰.二战胜利后,台湾问题本来是国共内战遗留的内政问题,但由于美国的多方阻挠,台湾问题成为中美关系中最敏感的问题之一.自中国恢复联合国合法席位以及中美建交以后,包括美国在内的绝大部分国家都承认“台湾是中国的一部分”.中美关系下的台湾问题经历了中美对峙、中美建交、冷战后和9·11后以后,美国民众到底是如何认识中国台湾问题的?本文采用logistic模型,利用美国人对华态度实证调研的数据,全面解读美国民众如何看待中国台湾,并从中了解哪些因素影响美国民众对中国台湾地位的认识.