对贩卖假毒品行为定性问题的研究

“行为”是犯罪最基本的分析单位和最基本的特征要素,是刑法学研究的逻辑起点。对贩卖假毒品行为的定性及处罚不仅仅是司法实践中的难题,而且涉及到许多刑法理论问题,诸如不能犯与未遂犯的区别,行为无价值论与结果无价值论的争议等。本文主张以结果无价值为基本根据评价行为的实质违法性,如果行为人不知是假毒品而以毒品进行贩卖的,不应以贩卖毒品罪追究其刑事责任。     

Rupture of liver cell adenoma with fatal massive hemoperitoneum resulting from minor road accident

Blunt abdominal trauma can cause rapid death resulting from serious injuries of internal organs. The liver is commonly involved and may show tearing, usually in its upper surface, resulting in hemoperitoneum eventually leading to death. Minor trauma implies serious liver damage only when previous pathologic changes causing enlargement of the organ are present. The case of a 25-year-old woman who died as a consequence of a minor road accident is reported. At autopsy, the body showed no external injuries, the only relevant finding being a massive hemoperitoneum from the rupture of an unusually large liver cell adenoma. Liver cell adenomas carry a serious risk of spontaneous rupture, which may result in the death of the patient. The occurrence of the rupture after a minor blunt abdominal trauma is highly unusual.     

Online reference database of European Y-chromosomal short tandem repeat (STR) haplotypes

The reference database of highly informative Y-chromosomal short tandem repeat (STR) haplotypes (YHRD), available online at http://ystr.charite.de, represents the largest collection of male-specific genetic profiles currently available for European populations. By September 2000, YHRD contained 4688 9-locus (so-called "minimal") haplotypes, 40% of which have been extended further to include two additional loci. Establishment of YHRD has been facilitated by the joint efforts of 31 forensic and anthropological institutions. All contributing laboratories have agreed to standardize their Y-STR haplotyping protocols and to participate in a quality assurance exercise prior to the inclusion of any data. In view of its collaborative character, and in order to put YHRD to its intended use, viz. the support of forensic caseworkers in their routine decision-making process, the database has been made publicly available via the Internet in February 2000. Online searches for complete or partial Y-STR haplotypes from evidentiary or non-probative material can be performed on a non-commercial basis, and yield observed haplotype counts as well as extrapolated population frequency estimates. In addition, the YHRD website provides information about the quality control test, genotyping protocols, haplotype formats and informativity, population genetic analysis, literature references, and a list of contact addresses of the contributing laboratories.     

Modeling Equilibrium Relationships: Error Correction Models with Strongly Autoregressive Data

Political scientists often argue that political processes movetogether in the long run. Examples include partisanship andgovernment approval, conflict and cooperation among countries,public policy sentiment and policy activity, economic evaluationsand economic conditions, and taxing and spending. Error correctionmodels and cointegrating relationships are often used to characterizethese equilibrium relationships and to test hypotheses aboutpolitical change. Typically the techniques used to estimateequilibrium relationships are based on the statistical assumptionthat the processes have permanent memory, implying that politicalexperiences cumulate. Yet many analysts have argued that thisis not a reasonable theoretical or statistical assumption formost political time series. In this paper I examine the consequencesof assuming permanent memory when data have long but not permanentmemory. I focus on two commonly used estimators: the Engle-Grangertwo-step estimator and generalized error correction. In my analysisI consider the important role of simultaneity and discuss implicationsfor the conclusions political scientists have drawn about thenature, even the existence, of equilibrium relationships betweenpolitical processes. I find that even small violations of thepermanent memory assumption can present substantial problemsfor inference on long-run relationships in situations that arelikely to be common in applied work in all fields and suggestways that analysts should proceed.     

Y-chromosomal STR haplotypes in a Belgian population sample and identification of a micro-variant with a flanking site mutation at DYS19

Allele frequencies and haplotypes for 12 Y-chromosomal STR loci included in the Powerplex System (Promega, Madison, USA) were determined in a sample of 113 unrelated males of Belgian origin. Ninety-nine different haplotypes were observed with an overall haplotype diversity of 0.997.     

The effect of ASEM on European foreign policies

This paper argues the Asia-Europe Meeting (ASEM) interregional process has had a great influence on the European partners, in fact, much greater than so far acknowledged. It gives an overview of the adaptation of European partners foreign policies towards East Asia as seen in the creation or modification of their overall strategies. It then presents in more detail the selected case studies of Spain and Sweden. The findings show that most EU partners have indeed have considered the ASEM process a useful route to advance their interests towards East Asia, and that six have created or upgraded comprehensive strategies. The two in-depth country analyses (Sweden and Spain) further substantiate the claim that the ASEM process has had an important effect on European partners. It is expected that this trend will continue.Paper presented at the 5th Pan-European Conference of the European Consortium for Political Researchs Standing group on International Relations, Den Hague, Netherlands, 9–11 September 2004.     

Kyoto,Europe?—An Economic Evaluation of the European Emission Trading Directive

To meet its obligations accepted in the Kyoto Protocol cost effectively, the European Union introduces a scheme of Greenhouse Gas Allowance Trading for its member states. This paper evaluates the cost effectiveness, ecological accuracy and dynamic incentives of this approach.The EU-emissions trading constitutes an important shift in the paradigm of environmental policy, from command and control to a market based approach. Still, the EU-system does not fully realize the economic potential of the transferable discharge permit policy. Especially, the limited scope of trading regarding geography, pollutants, sectors and activities reduces the quality of the system. Moreover, the EU-Directive is unspecific in many respects and it leaves many decisions defining the rules of the game to the individual member state. Uncertainty and heterogeneity increase transaction cost and thereby hamper the effectiveness of the system.JEL Classification: Q54, Q58, K32     

Judicial Career Incentives and Court Performance: An Empirical Study of the German Labour Courts of Appeal

This paper examines how the organization of a civil-law judiciary—the German labour court system—shapes court performance. It is argued that civil-law judiciaries can be considered as internal labour markets in which the main incentive derives from career opportunities. Resulting hypotheses are tested on data for nine German Labour Courts of Appeal (Landesarbeitsgerichte) over the period 1980–1998. Two performance measures are computed: the confirmation rate and a productivity measure. The confirmation rate captures how often decisions are upheld in an appeal at the Federal Labour Court. Court productivity is measured by a score derived via data envelopment analysis (DEA) and includes as outputs the number of finished cases and the number of published decisions. Regression analyses show: Courts employing more judges with a Ph.D. are more productive, but write decisions that are less often confirmed by the Federal Labour Court. Courts employing judges with higher ex ante promotion probabilities are less productive and write decisions that are less often confirmed.JEL Classification: J45, K31, M12     

Veit Ludwig von Seckendorff’s “Fürsten Stat” and the Duchy of Saxe-Gotha

This paper deals with the formation of the territorial state in Gotha during the time in which Veit Ludwig von Seckendorff was involved, starting in 1640, and with the relations between the theoretical explanations of the state in Seckendorff’s book “Teutscher Fürsten Stat,” first published in 1656, and his political environment in Gotha. It shows that Seckendorff’s maxims often corresponded to real politics there. But at the same time, there were grave differences in such fundamental issues as the personal regimen of the prince and the organization of the administration or the financing of the court.