农地使用权流转制度探析

现行有关农村土地承包经营方面具体法律制度的缺陷,不利于农地使用权的流转和农地使用权的保护,通过对现行法律制度的分析,构想以物权立法来规范农地使用权及其流转,以促使农地使用权能够健康、有序地流转。     

区际法律冲突中判决的承认与执行问题研究

“一国两制”伟大构想的付诸实践 ,使我国形成了独特的“一国两制三法系四法域”共存共荣的局面 ,也衍生了一系列的问题 ,其中区际法律冲突问题尤为突出。我国目前判决承认和执行的区际司法协助的现状落后而混乱。因此 ,有必要在坚持维护祖国统一等原则下 ,对判决承认和执行的区际司法协助的模式予以重新设计     

论犯罪现场模拟

犯罪现场模拟是模拟类比推理在侦查破案中的具体运用,在侦查实践中具有较高的应用价值。本文就犯罪现场模拟的相关概念及其实施依据,犯罪现场模拟的特点,犯罪现场模拟的动态过程及其常用方法等问题做出了系统性论述,以期进一步推广犯罪现场模拟在现实中的规范应用。     

论治安管理模拟教学

治安管理是一门实践性很强的学科,而治安管理模拟教学正是将治安实践内容搬进课堂,注入教学环节,通过增强学员的实际体验,培养独创精神和实际操作能力。治安管理模拟教学是一个系统整体工程,涉及到专业师资、听课学员和教学辅助设备设施三大要素;内容设计包括治安专业手段、场所行业管理、治安案件查处等专业知识;实施步骤分为理论讲解、实际操作和总结改进三个阶段。     

Gender Identification and the Fear of Crime: Do Masculinity and Femininity Matter in Reporting Fear of Crime?

ABSTRACT

Criminologists have been interested in the gap in reported levels of fear of crime between men and women for decades. Our study advances and empirically tests the hypothesis that gender identity is an important mechanism that accounts for the gap in fear of crime between men and women. Specifically, the current study incorporates Magliozzi, Saperstein, and Westbrook’s gradational measures of masculinity and femininity to test if these variables are related to fear of crime. Statistical analyses reveal that masculinity is negatively and significantly associated with fear of crime, suggesting that men may be doing gender in reporting fear of crime by suppressing their expression of fear when responding to survey items related to fear of crime. Additionally, the inclusion of the measures of masculinity and femininity in our statistical model reduces the effect of sex to non-significance.     

医事法专业实践教学的模式设计

在教育部的指示下,为了加强实践教学,各大高等院校根据高校类型的不同和学科的差异,纷纷调整专业的培养方案,增加实践教学的学时,医事法专业也不例外。在分析医事法专业实践教学意义的基础上,介绍医事法专业实践教学的原则,抛砖引玉,提出医事法专业实践教学的六种模式设计。     

Dynamic Characteristics of Signatures: Effects of Writer Style on Genuine and Simulated Signatures

The aims of this study were to determine if computer‐measured dynamic features (duration, size, velocity, jerk, and pen pressure) differ between genuine and simulated signatures. Sixty subjects (3 equal groups of 3 signature styles) each provided 10 naturally written (genuine) signatures. Each of these subjects then provided 15 simulations of each of three model signatures. The genuine (N = 600) and simulated (N = 2700) signatures were collected using a digitizing tablet. MovAlyzeR^® software was used to estimate kinematic parameters for each pen stroke. Stroke duration, velocity, and pen pressure were found to discriminate between genuine and simulated signatures regardless of the simulator's own style of signature or the style of signature being simulated. However, there was a significant interaction between style and condition for size and jerk (a measure of smoothness). The results of this study, based on quantitative analysis and dynamic handwriting features, indicate that the style of the simulator's own signature and the style of signature being simulated can impact the characteristics of handwriting movements for simulations. Writer style characteristics might therefore need to be taken into consideration as potentially significant when evaluating signature features with a view to forming opinions regarding authenticity.     

Angular Determination of Toolmarks Using a Computer‐Generated Virtual Tool

A blind study to determine whether virtual toolmarks created using a computer could be used to identify and characterize angle of incidence of physical toolmarks was conducted. Six sequentially manufactured screwdriver tips and one random screwdriver were used to create toolmarks at various angles. An apparatus controlled tool angle. Resultant toolmarks were randomly coded and sent to the researchers, who scanned both tips and toolmarks using an optical profilometer to obtain 3D topography data. Developed software was used to create virtual marks based on the tool topography data. Virtual marks generated at angles from 30 to 85° (5° increments) were compared to physical toolmarks using a statistical algorithm. Twenty of twenty toolmarks were correctly identified by the algorithm. On average, the algorithm misidentified the correct angle of incidence by ?6.12°. This study presents the results, their significance, and offers reasons for the average angular misidentification.     

Does accessible technology need an ‘entrepreneurial state’? The creation of an EU market of universally designed and assistive technology through state aid

EU State aid law has sought to enable people with disabilities to obtain employment, yet has not been explicitly included in the toolbox of policy options to improve the availability and choice of accessible technology within the EU Internal market. This seems to be the consequence of an inherent bias against State intervention in the market, which is mostly unwelcome since it can limit open and free competition. This also reiterates the ‘less-aid’ policy and the purely economic approach to State aid professed by the European Commission. Against this background, this article discusses the potential for EU State aid policy to foster both ‘design for all’ and innovative assistive devices for people with disabilities. It seeks to argue that the goal of an EU-wide market of accessible technology can be achieved using EU State aid law. In particular, this article aims to highlight that a more targeted use of EU State aid law can lead developers to increase the production of accessible goods, to adjust or reduce prices and to provide consumers with a greater degree of choice in a greater number of marketplaces. Whilst it adopts a legal approach, this analysis relies inter alia on economic evidence and recalls the pamphlet recently published by Mazzuccato, from which the title of this work has drawn inspiration.     

Government Selection and Executive Powers: Constitutional Design in Parliamentary Democracies

Provisions for a parliamentary investiture vote have become increasingly common in parliamentary democracies. This article shows that investiture provisions were largely introduced when new constitutions were written or old ones fundamentally redesigned. It also shows that the constitutions that endowed executives with strong legislative agenda powers also endowed parliaments with strong mechanisms to select the executive. It is argued that constitution makers’ decisions can be seen in principal–agent terms: strong investiture rules constitute an ex ante mechanism of parliamentary control – that is, a mechanism to minimise adverse selection and reduce the risk of agency loss by parliament. The findings have two broad implications: from a constitutional point of view, parliamentary systems do not rely exclusively on ex post control mechanisms such as the no confidence vote to minimise agency loss; parliamentarism, at least today and as much as presidentialism, is the product of conscious constitutional design and not evolutionary adaptation.