中国公司法人格否认制度实证研究

实证研究表明,我国的公司法人格否认制度已经在现实中得到了积极应用。我国的公司面纱刺破率明显高于国外,而且呈现逐年上升的态势。很多案件发生在经济欠发达地区,而且这些地区的刺破率整体上高于经济发达地区。目前所有公司法人格否认案件都针对股东数量很少的有限责任公司提起,而且股东人数越少,刺破率越高,涉及一人公司的面纱刺破率高达100%。与理论预测不同,我国涉及合同之债和侵权之债的案件在刺破率上并没有明显不同,而且在公司集团场合的刺破率不高反低。混同是最为常见的刺破理由,其中财产混同又适用最多,导致的刺破率也最高。     

Detection of Denatonium Benzoate (Bitrex) Remnants in Noncommercial Alcoholic Beverages by Raman Spectroscopy

Illegal alcoholic beverages are often introduced into market using cheap technical alcohol, which is contaminated by denatonium benzoate (Bitrex) of very small concentration. Bitrex is the most bitter chemical compound and has to be removed before alcohol consumption. The home‐made methods utilize sodium hypochlorite to disintegrate particles of denatonium benzoate in alcohol and to remove bitter taste before trading. In this experimental studies, we propose a novel method that detects in a fast way the remnants of denatonium benzoate in dubious alcohol samples by Raman spectroscopy. This method applies a portable Raman spectrometer of excitation wavelength 785 nm and utilizes the effect of surface‐enhanced Raman spectroscopy (SERS) to recognize the suspected alcoholic beverages. High effectiveness (over 98%) of YES/NO classification of the investigated samples was observed when the nonlinear algorithm support vector machine (SVM) was exploited at carefully adjusted detection parameters. The method can identify illicit alcohol within minutes.     

Dating of Inkpad Seals Using the Extraction Rate Method: Preliminary Findings

Inkpad seals are often placed on important documents, and determining the date when a seal was affixed can be important to assess the authenticity of a document. In this study, three different brands of inkpads and four different types of paper were used to make diachronic samples of the seals. A double‐solvent extraction method was employed to date the inkpad seals by comparing extraction rates with inks of known age. Cyclohexane was selected as a weak solvent, and chlorobenzene was selected as a strong solvent. After testing, curves were created to show the relationship between the extraction percentage of ink and the date of the seals. The experimental results showed that the extraction rate method was applicable for the relative dating of inkpad seals in some cases where the seal was placed on the document within 6 months.     

Treating alcohol-related violence: a feasibility study of a randomized controlled trial in prisons

Purpose: There is a lack of good-quality outcome evaluations of interventions for offenders whose crimes are alcohol-related. Randomized controlled trials (RCTs) are considered gold standard in treatment evaluations. Here, we report on a feasibility study for an RCT of an alcohol-related violence intervention, Control of Violence for Angry, Impulsive Drinkers (COVAID). Method: 115 adult male prisoners were randomly allocated to COVAID plus treatment as usual (TAU) or TAU only. Results: Most participants (84%) found COVAID useful. Reconviction data at six months were accessed for 109 (95%) participants. There were no differences between the two groups on violent reconvictions or all reconvictions at the six-month period, but at 17?months the COVAID group had 13% fewer people reconvicted for violence, and 20% fewer had reconvictions for any offence. Conclusion: The results indicate that an RCT is feasible and provides parameters for designing a full RCT. Differences in reconviction between groups favoured COVAID and were clinically important.     

HEART RATE AND ANTISOCIAL BEHAVIOR: THE MEDIATING ROLE OF IMPULSIVE SENSATION SEEKING

Although a low resting heart rate is considered the best‐replicated biological correlate of antisocial behavior, the mechanism underlying this relationship remains largely unknown. Sensation‐seeking and fearlessness theories have been proposed to explain this relationship, although little empirical research has been conducted to test these theories. This study addressed this limitation by examining the relationship between heart rate and antisocial behavior in a community sample of 335 adolescent boys. Heart rate was measured during a series of cognitive, stress, and rest tasks. Participants also completed self‐report measures of state fear, impulsive sensation seeking, and both aggressive and nonaggressive forms of antisocial behavior. As expected, increased levels of aggression and nonviolent delinquency were associated with a low heart rate. Impulsive sensation seeking, but not fearlessness, significantly mediated the association between heart rate and aggression. This study is the first to show that impulsive sensation seeking partly underlies the relationship between aggression and heart rate, and it is one of the few to examine the mechanism of action linking heart rate to antisocial behavior. Findings at a theoretical level highlight the role of impulsive sensation seeking in understanding antisocial behavior and at an intervention level suggest it as a potential target for behavioral change.     

REVISITING “WHAT THEY THINK”: ADOLESCENT DRINKING AND THE IMPORTANCE OF PEER BELIEFS

The association between delinquent peers and delinquent behavior is among the most consistent findings in the criminological literature, and several recent studies have raised the standards for determining the nature and extent of peer influence. Despite these advances, however, key questions about how deviant behavior is socially transmitted remain unresolved. In particular, much of the research examining peer influence has been limited to peer behavior, despite a rich literature supporting the salience of beliefs, such as expectations and moral approval, in shaping behaviors. In the current study, I model the peer influence and selection processes with longitudinal social network analysis to reexamine the contributions of peer beliefs and behaviors to adolescent drinking. I find evidence that beliefs related to peer drinking have both a direct and an indirect impact on behavior and play an important role in the friendship selection process. These results highlight the importance of understanding how peers influence deviant behavior and suggest that peer beliefs are an important part of this relationship.     

Confidence in an election authority and satisfaction with democracy: Evidence from a quasi-natural experiment of a failed election in Sweden

Contemporary research on electoral integrity has focused on the functioning, evaluation, and legitimacy of electoral processes in emerging democracies. By contrast, this study investigates whether a failed election in a well-established democracy can affect individuals' evaluations of the electoral management body, the Election Authority, and whether those evaluations affect satisfaction with democracy. Using the case of a Swedish regional election in 2010 that had to be rerun due to procedural mistakes in the vote handling, we found that, in the short term, individuals’ confidence in the Election Authority was reduced after it was announced that the election had to be rerun because of the mistakes. Subsequently, this decreased confidence was strongly associated with less satisfaction with democracy at the regional and national level. As good news for the authority, after a successful rerun election, confidence rebounded to the levels prior to the failed election.     

Fingerprint error rate on close non‐matches

The accuracy of fingerprint identifications is critically important to the administration of criminal justice. Accuracy is challenging when two prints from different sources have many common features and few dissimilar features. Such print pairs, known as close non‐matches (CNMs), are increasingly likely to arise as ever‐growing databases are searched with greater frequency. In this study, 125 fingerprint agencies completed a mandatory proficiency test that included two pairs of CNMs. The false‐positive error rates on the two CNMs were 15.9% (17 out of 107, 95% C.I.: 9.5%, 24.2%) and 28.1% (27 out of 96, 95% C.I.: 19.4%, 38.2%), respectively. These CNM error rates are (a) inconsistent with the popular notion that fingerprint evidence is nearly infallible, and (b) larger than error rates reported in leading fingerprint studies. We conclude that, when the risk of CNMs is high, the probative value of a reported fingerprint identification may be severely diminished due to an elevated false‐positive error risk. We call for additional CNM research, including a replication and expansion of the present study using a representative selection of CNMs from database searches.     

豆状囊尾蚴外泌体的分离鉴定及其对家兔免疫应答的调节作用

为探究豆状囊尾蚴外泌体对家兔免疫应答的调节作用,以收集的豆状囊尾蚴分泌排泄产物(ESP)为材料,通过差速离心法分离外泌体,经透射电镜和Western-blot分别对其形态和标志分子进行鉴定。分别用外泌体和ESP免疫家兔,ELISA方法检测家兔血清中特异性抗体和血清细胞因子水平,并通过人工攻虫感染评价其免疫保护效果。结果显示,豆状囊尾蚴外泌体直径为30~150 nm,呈圆形或椭圆形,有完整的脂质双分子层膜结构,且含有外泌体标志蛋白CD63。而且,外泌体免疫组血清特异性抗体、IL-10和IL-4的水平显著升高(P<0.05),而IFN-γ和TNF-α显著降低(P<0.05)或差异不显著。经剖检发现,豆状囊尾蚴ESP免疫组和外泌体免疫组的减虫率分别为65.17%和24.88%。结果表明,外泌体通过上调宿主抑炎因子的表达,诱导宿主产生了Th2型细胞免疫应答,从而有利于囊尾蚴在宿主体内的存活。     

刺激犬体表感受器对心脏表面神经元和心脏功能的影响

为了给“抑制死”提供实验根据和理论依据,模拟“抑制死”的体表刺激,用3.0kg触压麻醉开胸犬的心前区、剑突下,同步记录大右心房神经节丛神经元内单位放电的频数及心脏变时。变力性反应。静脉给入普来洛尔（1mg／kg）或阿托品（1mg／kg）及心脏急性会神经支配后,重复上述刺激。结果显示：触压犬心前区可直接引起心脏表面神经节丛内的副交感神经元兴奋,窦房结自律性降低,引起负性频率作用;在此基础上刺激兴奋心脏表面交感神经元可诱发室性心律失常。提示刺激心前区、剑突下引起的“抑制死”,不仅与迷走神经对心脏的抑制有关,可能还与交感神经元对心室的兴奋有关。