我国行政审批制度改革刍议

随着经济体制改革和行政管理体制改革的深化,我国行政审批制度改革取得一定成效.但在发展中也暴露出问题.行政审批制度改革的深入,应从加快行政审批法制建设步伐,依法清理行政审批项目,创建行政审批新体制,加强对行政审批行为监督等方面着手,不断推动行政审批的制度化和法律化.     

The null hypothesis is not called that for nothing: statistical tests in randomized trials

This article aims to update readers on different ways to arrange one’s thinking about conventional null hypotheses in randomized trials. It covers basic criticism of conventional hypotheses and, beyond this, covers relevant developments in methodological, organizational, and science policy arenas. This article includes coverage of new ways to frame null hypotheses, new technical resources, standards for registering trials and reporting on them, cumulating results, common mistakes, and post-trial analysis of null results. The paper includes ideas for research and development on each topic.

行政计划变动中的信赖保护原则研究

行政计划的可变性比一般行政行为要大得多。在这种情况下,相对人的信赖利益是否值得保护,在什么情况下保护,以什么方式保护就成为研究行政计划变动的一个重要的理论问题。行政计划的内容是否可诉存在较大的争论,与之相比,各国行政法学理论和司法判决对行政计划变动中的信赖利益是否可诉的观点则较为一致,承认了行政计划变动下相对人寻求诉讼救济的权利。本文认为,行政计划的形成过程应当重点保障公民和有关专业人士和组织的知情权、参与权等,使计划形成时具有科学和民主的程序保证,而对于行政计划的变动过程则应更多地在法律权利保障和防止或制止行政计划裁量权滥用的外部控制机制上进行制度构建。     

Gunshot residue in Chicago police vehicles and facilities: an empirical study

Suspects in shooting investigations in Chicago are routinely transported in department vehicles and detained in department facilities prior to gunshot residue (GSR) evidence collection. The GSR test results are used to associate the suspect with primary exposure to GSR. The potential for these vehicles and facilities being sources of secondary GSR contamination needed to be determined. A total of 201 samples were collected from randomly selected vehicles and detention facilities. The sampling collected trace materials from surfaces that suspects' hands may contact during the arrest process. These samples were examined for the presence of GSR particles using scanning electron microscopy. Upon completion of the automated analysis, those particles that met an initial GSR screening criterion were relocated and reanalyzed. The locations where GSR particles were recovered allowed us to make recommendations to the Chicago Police Department with regard to transporting and detaining these suspects. The low number of GSR particles recovered suggests that the potential for secondary contamination, although present, is relatively low.     

Analysis of forensic soil samples via high-performance liquid chromatography and ion chromatography

Traditional forensic soil comparisons are performed via physical and/or chemical examinations of color, texture, and mineral content, leaving any organic- or water-soluble fractions unexamined. This study uses high-performance liquid chromatography (HPLC) and ion chromatography (IC) to assess the qualitative and quantitative variation in these fractions of soil. Soil samples (n=120) were collected over the course of 3 weeks from urban, suburban, and rural locations in and around Lansing, MI. Additional samples from six of these locations (two urban, two suburban, and two rural) were collected once a week for 10 weeks for temporal analysis. Nine additional samples, equally spaced over a 1 m(2) grid, from these same six locations were collected for spatial analyses. Qualitative and quantitative analysis of the resultant chromatograms separated the 120 samples into 10 groups by HPLC and 23 groups by IC. This study shows that using HPLC and IC to analyze the organic- and water-soluble fractions of soil can successfully discriminate samples. Quantitative analysis of the results eliminates some false inclusions by providing further differentiation of samples. The results of this study indicate that adding HPLC and IC analyses to traditional forensic soil analysis schemes can improve overall sample differentiation. The methods used in this study were also able to detect both qualitative and quantitative variations in soil over a relatively small geographic area. This demonstration of soil heterogeneity underscores the importance of the collection of a representative known sample population when assessing a forensic soil comparison. Significant temporal variation was also demonstrated over the course of 10 weeks of sampling; however, samples were found to be consistent over shorter periods of time. Baseline levels of inorganic anions were determined via IC; these levels may be useful in assessing the significance of anions detected in soil from cases involving low explosives.     

A Statistical Validation of the Individuality and Repeatability of Striated Tool Marks: Screwdrivers and Tongue and Groove Pliers*

Abstract: Tool mark identification relies on the premise that microscopic imperfections on a tool’s working surface are sufficiently unique and faithfully transferred to enable a one‐to‐one association between a tool and the tool marks it creates. This paper presents a study undertaken to assess the validity of this premise. As part of this study sets of striated tool marks were created under different conditions and on different media. The topography of these tool marks was acquired and the degree of similarity between them was quantified using well‐defined metrics. An analysis of the resulting matching and nonmatching similarity distributions shows nearly error‐free identification under most conditions. These results provide substantial support for the validity of the premise of tool mark identification. Because the approach taken in this study relies on a quantifiable similarity metric, the results have greater repeatability and objectivity than those obtained using less precise measures of similarity.     

The Differentiation of the Volatile Organic Signatures of Individuals Through SPME-GC/MS of Characteristic Human Scent Compounds

Abstract:  Human scent evidence is utilized as an investigative tool through canine scent discriminations based on the premise that human scent is an individualizing characteristic. This study describes the development of what is effectively a human scent barcode consisting of the relative ratios of an individual's "primary odor" compounds utilized to determine a reproducible and individualizing profile which can be stored in a searchable database for a proof of concept of human scent as a biometric measure. Triplicate hand odor samples were evaluated from 10 subjects utilizing solid phase micro-extraction gas chromatography/mass spectrometry (SPME-GC/MS) and compared via Spearman Rank Correlations. Narrowing the compounds considered for each subject to only those common in all three samples, or a subject's "primary odor constituents," produced a greater degree of both individualization and discrimination; at both correlation thresholds of 0.9 and 0.8, the individuals were correctly discriminated and identified in 99.54% of the cases.     

A Two‐Level Model for Evidence Evaluation in the Presence of Zeros*

Abstract: Likelihood ratios (LRs) provide a natural way of computing the value of evidence under competing propositions. We propose LR models for classification and comparison that extend the ideas of Aitken, Zadora, and Lucy and Aitken and Lucy to include consideration of zeros. Instead of substituting zeros by a small value, we view the presence of zeros as informative and model it using Bernoulli distributions. The proposed models are used for evaluation of forensic glass (comparison and classification problem) and paint data (comparison problem). Two hundred and sixty‐four glass samples were analyzed by scanning electron microscopy, coupled with an energy dispersive X‐ray spectrometer method and 36 acrylic topcoat paint samples by pyrolysis gas chromatography hyphened with mass spectrometer method. The proposed LR model gave very satisfactory results for the glass comparison problem and for most of the classification tasks for glass. Results of comparison of paints were also highly satisfactory, with only 3.0% false positive answers and 2.8% false negative answers.     

DNase-Ⅰ纯化结合碱性裂解法提取混合斑精子DNA

目的研究脱氧核糖核酸酶I(DNase-I)纯化结合碱性裂解法提取混合斑精子DNA的方法在法医学中的应用。方法收集79份性犯罪案件混合斑检材,分别用DNase-I纯化结合碱性裂解法和差异裂解法提取精子DNA,采用STR荧光标记复合扩增体系进行16个STR基因座分型,并比较检验结果。结果应用DNase-I纯化结合碱性裂解法提取精子DNA,64例检材分型成功;应用差异裂解法提取精子DNA,57例检材分型成功;两种方法比较结果存在显著性差异(P=0.039),DNase-1纯化结合碱性裂解法提取精子DNA的STR分型成功率更高,成本低廉。结论DNase-I纯化结合碱性裂解法提取混合斑精子DNA可提高检验成功率,操作简便,快速,易于自动化,适于法医学个体识别鉴定。     

法经济学视野中的行政法与民法的分界

对于不当行为,立法者是选择民法还是行政法进行控制,一般需要考量四个要素：当事人与行政主体掌握的行为风险信息方面的差异、加害人的赔偿能力、索赔威胁大小和行政成本。对于损害小、损害集中且发生率低的日常行为,应选择民法进行规制;对于发生率高、损害大、发现率低、损害分散的风险行为,行政法进行控制的社会效果更为明显。当同时选择两种控制机制时,遵守行政法规一般不构成加害人对抗受害人诉求的抗辩事由。