案外第三人申请再审问题研究

修订后的《民事诉讼法》第二百零四条和最高法院2008年11月通过的《关于适用（中华人民共和国民事诉讼法）审判监督程序若干问题的解释》（以下简称《解释》）第五条、第四十二条确立了独具中国特色的案外人申请再审制度。但是,现行司法解释的规定过于模糊,关于此制度的设计存在诸多缺陷,在民事诉讼法修订时需要进一步立法规范。     

浅议未成年犯社区矫正项目的类型化设置

社区矫正作为与监禁刑相对应的一种行刑方式,在对未成年犯的矫治中发挥着不可替代的作用.社区矫正起源于西方,西方国家对未成年犯的社区矫正项目的设置有很多经验值得我们借鉴.建立和健全我国未成年犯的社区矫正项目,可以在借鉴域外经验的基础上,结合我国国情,针对具有不同人身危险性程度的未成年犯设置不同类型的矫正项目.     

Radiographic evaluation of third molar development in relation to chronological age among Turkish children and youth

A sharp increase in forensic age estimation of living persons has been observed in recent years. However, ethnic populations residing in different countries have been insufficiently analyzed. According to 2004 data compiled by the Essen-based Turkey Research Center, there are 3.8 million Turkish people living abroad, and 3.2 million of them reside in European Union countries. Despite the high number of Turks living abroad, little is known about third-molar development for forensic application in this population. Hence, it was considered worthwhile to determine the developmental stages of the third molar in a group of Turkish population, to assess chronological age estimation based on the developmental stages, and to compare third molar development according to sex, age and location. Orthopantomograms of 1134 Turkish patients, ages 4-20 years were examined and third-molar developmental stages were evaluated based on Demirjian's classifications. Orthopantomograms were scored by two different observers, and Wilcoxon matched-pairs signed-ranks test used to test intra- and inter-observer reliability revealed a strong agreement between both intra- and inter-observer measurements. Linear regression analysis was performed to correlate third-molar development and chronological age, and further statistical analysis was performed to determine the relation between sex, age and location. Results showed a strong linear correlation between age and molar development (males: r(2)=0.57; females: r(2)=0.56). Mineralizations of left and right third molars were compared using Wilcoxon tests, and no statistical differences were found. No significant differences were found in third-molar development between males and females. Mandibular third molar crypt formation was observed in 2.4% of patients at age seven and maxillary third molar crypt formation was observed in 1.3% of patients at age seven. A strong correlation was found between third-molar development and chronological age. Among the Turkish population, third molar crypt formation is observable at as early as 7 years in both the mandible and maxilla. Agenesis can be determined conclusively if no radiolucent bud is present by age 14.     

Unilateral CDM—can developing countries finance generation of greenhouse gas emission credits on their own?

The Clean Development Mechanism (CDM) was originally seen as an instrument with a bi- or multilateral character where an entity or fund from an industrialised country invests in a project in a developing country. The sluggish implementation of incentives for industrialised country companies to embark on CDM projects and low carbon prices led to a preference for just buying Certified Emission Reductions (CERs) instead of investing in projects. Thus a third option has gained prominence—the unilateral option where the project development is planned and financed within the developing country. We propose that a project should be called “pure unilateral” if it involves no foreign direct investment (FDI), only has the approval of the Designated National Authority (DNA) of the host country and sells its CERs after certification directly to an industrialised country. Unilateral projects can become attractive if the host country risk premium for foreign investors is high despite a high human, institutional and infrastructural capacity and domestic capital availability. Moreover, transaction costs can be reduced compared to foreign investments that have to overcome bureaucratic hurdles. On the other hand, technology transfer is likely to be lower, capacity building has to be undertaken by the host country and all risks have to be carried by host country entities. The potential to carry out unilateral CDM projects strongly varies among host countries. Whereas several countries from Asia and Latin America can design and implement projects autonomously, most of the Sub-Saharan countries rely on foreign support. International donors of capacity building grants should increasingly address those countries that are not presently focused on by foreign investors and support them in the design of local projects.

论“平安世博”视域下治安复杂地区长效管控机制建设

加强对治安复杂地区的管控是世博安保工作"从严从紧,以面保点"总体思路和原则的重要内容。公安机关要以世博安保工作为契机,建立与完善治安复杂地区长效管控机制,维护好社会稳定。     

评瑞士商事仲裁协议效力扩张之实践——兼论对我国的启发

由于商事交往的发展以及仲裁本身的独特优点,很多国家和国际组织都支持仲裁更多、更广泛地应用。但是由于国际及国内商事交易中,主体、客体以及法律关系的复杂性,法院和仲裁机构都面临着更多的实际问题,特别是关于仲裁协议效力扩张的问题。瑞士对于此问题已经有了丰富的理论和实践。我国可以借鉴瑞士的经验,循序渐进地在立法上引入仲裁第三人制度,并且通过司法实践加以完善,以满足我国市场经济发展的需要。     

“发现汉语”及其“天下精神”

19世纪末期,以西方国家为中心和参照的现代化进程的铺展和中国国家制度的疾速衰竭,使汉语在世界语言的中心地位也发生了颠覆式的位移,逐渐滑落到边缘地位,"汉字文化圈"也呈现出破裂的态势。21世纪,中国在政治、经济、文化各方面的现代化实践及其重大转型,为汉语的复兴和精神重建提供了一种可能性。在这种全新的时代语境和历史背景下,将重新"发现汉语"及其"天下精神"作为一种新的文化命题,这意味着以西方文化为轴心的单向度的世界文化秩序,面临着巨大的危机。以汉语复兴为切入点,中国文化将成为解构文化帝国主义的重要力量,并提供了一种可能性。同时,在重新"发现汉语"的过程中,我们应该在吸收其他语言文化资源的同时,坚持汉语及其文化形态的输出立场,摒弃中西文化之间的二元对立思维模态,建构一种语言的"天下精神",从而使汉语在文化全球化中发出中国的声音。     

Environmental effects of GATT/WTO membership: an empirical evaluation

ABSTRACT

One of the great questions for scholars of international relations and economics concerns the relationship between the World Trade Organization (WTO) and the natural environment. Does membership in the multilateral trade regime constrain environmental regulation and increase the environmental burden of national economies? Do countries pay a heavy environmental price for trade liberalization? Although this question has been debated extensively, there is little statistical evidence to contribute the debate. We provide a comprehensive statistical analysis of the environmental effects of joining the multilateral trade regime. We collected data on a variety of environmental policies, institutions, and outcomes that should be influenced by the General Agreementon Tariffs and Trade (GATT)/WTO membership if the predictions of environmental pessimists or optimists are valid. A wide range of statistical models designed to identify the causal effect of the GATT/WTO on the environmental indicators shows that joining the GATT/WTO does not have negative effects on environmental quality.     

The Political Economy of Developing Country Antidumping Investigations against China

This article draws on industry-level data to analyze the political economy of the use of the antidumping statute by 10 less developed countries (LDCs) against China. Test results suggest that Chinese import competition is an important factor explaining the pattern of LDC antidumping initiation against China. Macroeconomic factors such as gross domestic product growth rate also play some role in influencing the pattern of LDC antidumping determination against China. Importantly, statistical analyses did not yield any evidence suggesting that China's membership in the World Trade Organization has disciplined developing countries' use of the antidumping policy. The paper conjectures that China's Most-Favored-Nation status under the World Trade Organization, the designation of China as a nonmarket economy in antidumping investigations until 2016, and the retaliatory incentives generated by the growing deflection of Chinese exports to developing country markets may have overwhelmed the institutional effect of the trade organization in shaping the pattern of LDC antidumping decision making toward China.     

Building sustainable free legal advisory systems: Experiences from the history of AI & law

The enthusiasm for artificial intelligence (AI) as a source of solutions to problems is not new. In law, from the early 1980s until at least the early 2000s, considerable work was done on developing ‘legal expert systems.’ As the DataLex project, we participated in those developments, through research and publications, commercial and non-commercial systems, and teaching students application development. This paper commences with a brief account of that work to situate our perspective.The main aim of this paper is an assessment of what might be of value from the experience of the DataLex Project to contemporary use of ‘AI and law’ by free legal advice services, who must necessarily work within funding and other constraints in developing and sustaining such systems. We draw fifteen conclusions from this experience, which we consider are relevant to development of systems for free legal advice services. The desired result, we argue, is the development of integrated legal decision-support systems, not ‘expert systems’ or ‘robot lawyers’. We compare our insights with the approach of the leading recent text in the field, and with a critical review of the field over twenty-five years. We conclude that the approach taken by the DataLex Project, and now applied to free legal advice services, remains consistent with leading work in field of AI and law.The paper concludes with brief suggestions of what are the most desirable improvements to tools and platforms to enable development of free legal advice systems. The objectives of free access to legal information services have much in common with those of free legal advice services. The information resources that free access to law providers (including LIIs) can provide will often be those that free legal advice services will need to use to develop and sustain free legal advisory systems. There is therefore strong potential for valuable collaborations between these two types of services providers.