东南亚国家的经济外交与地区安全秩序的重塑

冷战结束后,塑造东亚地区安全秩序的力量来源主要有两个:一是雅尔塔体系的遗产,二是东南亚国家的经济外交。一方面,中国与俄罗斯通过上海合作组织构建了在安全等领域的合作,而美国在美日同盟的基础上强化了其在东亚的单边及多边同盟体系。因此,雅尔塔体系遗产的组织化程度较以往明显提高。另一方面,东南亚诸国通过在东盟"10+"合作框架、亚太经合组织以及亚欧会议等平台实施经济外交,比较成功地把主要大国及区域集团力量牵绊在东亚地区,并藉此影响了冷战后东亚地区的政治、安全秩序。     

公司治理一体化走向的制度发生学解释——以结构融资为中心展开

从制度发生学的角度观察,公司治理一体化走向的出现是结构融资等制度要素合力作用的必然结果,属于进化理性主义而不是建构理性主义的产物。我国应在加强金融监管的前提下鼓励、培育和引导结构融资,而不是因噎废食地抑制、阻却甚至扼杀结构融资。公司法应当积极回应结构融资的制度诉求,进行规则的调适与变革,进而强化其时代适应性品格。     

司法鉴定意见纠错机制及制度探讨——以面向社会服务的鉴定机构和鉴定人为视野

司法鉴定意见是鉴定人进行科技实践的产物,因而出现错误鉴定意见是不可能完全避免的。在法定的重新鉴定之外,由原司法鉴定人在程序规定的范围内通过＂复核鉴定＂自我纠正司法鉴定意见的错误不失为一种有效的对策。基于此,以面向社会服务的司法鉴定机构和鉴定人为研究的视野,以复核鉴定为基本形式,探讨司法鉴定意见纠错的机制并创设相应的制度,将有利于诉讼和司法鉴定。     

A proposed dissection procedure for vertebral arteries in forensic pathology

Vertebral artery removing constitutes a significant forensic pathology challenge. Dissection techniques during head-neck autopsy are based on anterior approach, a difficult method, which is unable to assess the transverse part of the artery. This work presents an original and simple method for dissecting vertebral arteries by a posterior approach, opening the vertebroarterial canal through the spinal canal without any special equipment. Once the spinal cord is removed, the transversarium foramens are opened by an internal cut at the pedicle and an external cut at the transverse process. This enables us to visualize vertebral arteries in its entirety. The method improves both the examination of the upper extracranial segment of the vertebral artery and the neuropathological study when arterial injury is suspected. Applying this method routinely is both feasible and useful in suspected cases of vertebral artery trauma and could contribute to assess more precisely the actual incidence of this injury.     

Preliminary study of the succession pattern of necrobiont insects, colonising species and larvae on pig carcasses in Temuco (Chile) for forensic applications

Knowledge regarding the succession patterns of insects that visit carcasses as well as the other arthropod that colonise them and analysis of the parameters that are associated with larvae allow calculation of the minimum postmortem interval (PMI). This information is obtained from experiments carried out under specific geoclimatic conditions, which determine their application in forensic environments under similar conditions. The field study presented here is the first in Chile to analyse the decomposition process of pig carcasses and the associated succession of insects, colonising species and parameters related to larval masses. All of the larvae obtained from daily samples were measured (in mm), and their mean, range, standard deviation and stage of development (instars) were determined. The carcasses reached the dry remains stage in only 11 days. Seven species of Diptera visited the carcass during the process, but only two species colonised it by means of egg deposition followed by development of larvae: Cochliomyia macellaria (Fabricius) and Lucilia sericata (Meigen) (Diptera: Calliphoridae), which exhibited a duration of the development cycle from egg to adult of 21 days. The collected Coleoptera correspond to five predator species (Staphilinidae and Histeridae). From the results of this study, it can be concluded that only some of the insect species present in this region can provide information that can be used in forensic entomology and that analysis of larval masses of colonising species can be a valuable tool for determining the PMI(min) in this region of Chile.     

Reporting a sudden death due to accidental gasoline inhalation

The investigation of uncertain fatalities requires accurate determination of the cause of death, with assessment of all factors that may have contributed to it. Gasoline is a complex and highly variable mixture of aliphatic and aromatic hydrocarbons that can lead to cardiac arrhythmias due to sensitization of the myocardium to catecholamines or acts as a simple asphyxiant if the vapors displace sufficient oxygen from the breathing atmosphere. This work describes a sudden occupational fatality involving gasoline. The importance of this petroleum distillate detection and its quantitative toxicological significance is discussed using a validated analytical method. A 51 year-old Caucasian healthy man without significant medical history was supervising the repairs of the telephone lines in a manhole near to a gas station. He died suddenly after inhaling gasoline vapors from an accidental leak. Extensive blistering and peeling of skin were observed on the skin of the face, neck, anterior chest, upper and lower extremities, and back. The internal examination showed a strong odor of gasoline, specially detected in the respiratory tract. The toxicological screening and quantitation of gasoline was performed by means of gas chromatography with flame ionization detector and confirmation was performed using gas chromatography-mass spectrometry. Disposition of gasoline in different tissues was as follows: heart blood, 35.7 mg/L; urine, not detected; vitreous humor, 1.9 mg/L; liver, 194.7 mg/kg; lung, 147.6 mg/kg; and gastric content, 116,6 mg/L (2.7 mg total). Based upon the toxicological data along with the autopsy findings, the cause of death was determined to be gasoline poisoning and the manner of death was accidental. We would like to alert on the importance of testing for gasoline, and in general for volatile hydrocarbons, in work-related sudden deaths involving inhalation of hydrocarbon vapors and/or exhaust fumes.     

Explanatory factors of the relationship between gender diversity and corporate performance

In recent years a growing interest in gender diversity has arisen in the business context, and a significant number of research studies have analysed its effect on corporate performance. Nonetheless, these studies have not led to conclusive results, perhaps owing to the complexity of the relationship. The present work focuses on analysing two possible justifications of the contradictory effects of gender diversity on company performance: the business context and the optimum size of the female presence in decision-making bodies. The results obtained show that when working conditions and academic background are similar, women achieve better performance in sectors traditionally dominated by men. Moreover, to take the best advantage of gender diversity it is recommended that boards of directors should be balanced or have a slightly higher female presence.     

我国企业知识产权质押融资及其完善对策研究

企业知识产权融资是运用知识产权资产筹措资金的经济活动,是盘活知识产权的价值,实现知识产权的价值变现的重要形式。知识产权质押融资是企业知识产权的融资主要形式。我国企业知识产权质押融资状况不够理想,造成这种状况的原因很多。完善我国企业知识产权质押融资制度,基本思路应当是坚持在重视政府引导的同时,强化市场主导机制,建构有效的知识产权质押融资体制。     

宪政视野中的人民政协民主监督

人民政协民主监督以公权力为主要内容,其性质从学理上说是权利监督,这种社会性权利正逐步实现制度化,在党的文件、政协的规章制度中也已经得以体现.人民政协民主监督的最高组织形式是“两会”.“两会”早已成为宪法惯例,成为现实政治运作的经常性行为模式,但还没有实现制度化,还需要一系列运行机制来落实.