上海自由贸易试验区对我国涉外经济法制转型的影响

上海自贸区正式获准成立,这是中国法治转型中的重大创新。上海自贸区内通过临时性的授权调整,逐步推进行政审批体制改革,实行准入前国民待遇和"负面清单"管理模式,以此推进政府职能转变;在投资领域努力扩大服务业的投资开放、促进外商投资准入制的转轨、构筑对外投资服务促进法律体系;在贸易领域积极推动贸易结构的转型升级、提升国际航运服务能级;在金融领域应加快金融制度创新,增强金融服务能力,实现"在岸金融"与"离岸金融"的互动;并在争议解决机制构建方面也进行了卓有成效的探索。     

The changing face of protests in the digital age: on occupying cyberspace and Distributed-Denial-of-Services (DDoS) attacks

On 7th January 2013 the Anonymous hacking collective launched a White House petition asking the Obama administration to recognize DDoS¹1. Distributed Denial of Service attacks, thereafter referred to as DDoS attacks as a valid form of protest, similar to the Occupy protests. The ‘Occupy’ movement against financial inequality has become an international protest phenomenon stirring up the debate on the legal responses to acts of civil disobedience. At the same time, online attacks in the form of DDoS are considered by many as the digital counterparts of protesting. While the law generally acknowledges a certain level of protection for protesting as a manifestation of the rights to free speech and free assembly, it is still unclear whether DDoS attacks could qualify as free speech. This paper examines the analogies between offline protests and DDoS attacks, discusses legal responses in both cases and seeks to explore the scope for free speech protection.     

论民事诉讼中自由证明的构建

自由证明作为与严格证明相对立的一种证明模式,体现了根据不同待证事实的特性采用不同证明方式的诉讼分流理念及价值,并已在较多国家得到广泛确立和适用。而我国目前的民事诉讼证明制度中尚未确立这一证明模式,理论界更是未对其引起足够的重视和研究,这就极大地限制了我国民事诉讼中证明制度的体系化和多元化构建。如何在我国民事诉讼的证明制度中合理构建自由证明制度,使其在证明待证事实中发挥自身应有的优势,逐步实现我国民事诉讼证明制度的体系化和多元化构建,从而为法院合理有效地认定待证事实提供一个更为高效、公正的制度环境是值得研究和探讨的问题。     

Quantification of Perspective‐Induced Shape Change of Clavicles at Radiography and 3D Scanning to Assist Human Identification

Change in perspective between antemortem and postmortem imaging sessions (radiograph to radiograph and surface scan to radiograph) may cause different 2D renderings of the same osseous element complicating comparisons for identification. In this study, clavicle shape changes due to radiographic positioning and 3D laser scanning were examined in 20 right‐side specimens, as pertinent to chest radiograph comparisons. Results indicate substantial changes in clavicle form with short source‐to‐image receptor distance, elevation of the element from the image receptor, and movement of the element away from the center beam (10% mean square for shape). Although quantitative shape differences were small when the clavicle was in close opposition to the image receptor (3% mean square), important qualitative differences remained with large distances from the center beam (e.g., conoid tubercle presence/absence). The significance of these results for image superimposition and computer‐automated‐shape‐based searches of radiographic libraries to find matching candidates is discussed.     

Distortion in Fingerprints: A Statistical Investigation using Shape Measurement Tools

Friction ridge impression appearance can be affected due to the type of surface touched and pressure exerted during deposition. Understanding the magnitude of alterations, regions affected, and systematic/detectable changes occurring would provide useful information. Geometric morphometric techniques were used to statistically characterize these changes. One hundred and fourteen prints were obtained from a single volunteer and impressed with heavy, normal, and light pressure on computer paper, soft gloss paper, 10‐print card stock, and retabs. Six hundred prints from 10 volunteers were rolled with heavy, normal, and light pressure on soft gloss paper and 10‐print card stock. Results indicate that while different substrates/pressure levels produced small systematic changes in fingerprints, the changes were small in magnitude: roughly the width of one ridge. There were no detectable changes in the degree of random variability of prints associated with either pressure or substrate. In conclusion, the prints transferred reliably regardless of pressure or substrate     

International communication: shifting paradigms,theories and foci of interest

Abstract

This article aims to be a stock-taking exercise of the development of paradigms and foci of interest, in attempts to theorise the vast developments and far-reaching changes as well as the impact and effects of global communication in the world of today. Attention is firstly given to the current nature, impact and implications of global communication in the first decade of the 21^st century, as well as to a shift in emphases in the (sub)discipline of international communication. A critical overview is then given of discourses on the free flow of information, modernisation theory, dependency theory, the structural theory of imperialism, world system theory, hegemony, political economy, critical theory, the public sphere, cultural studies, the information society and globalisation. Since many of these paradigms have been borrowed or taken over from media studies, international relations or other (sub)disciplines, attention is given specifically to their application in theorising international communication. The article concludes with a critical overview of the current ‘state of the art’ with regard to the body of theory in international communication.     

Race and ethnicity: Voters’ party preference in South African elections

Abstract

Genuine, periodic, free and fair elections are one of the key defining features of a vibrant multi-party democracy. They provide a public mechanism for regular peaceful institutional competition for power and the opportunity for people to change, review or legitimise government through their freely expressed will. This article interrogates the behaviour of South African voters using a qualitative analysis of available studies covering the national and provincial elections held in 1994, 1999, 2004 and 2009, and the municipal election of 2011. One of the notable trends is that while the number of registered voters keeps increasing, voter turnout is on the decrease. There are other salient observable tends but they are not the focus of the article. For the purposes of the article the first conclusion is that among the various competing variables influencing voters’ choice of a particular political party in South African public elections, the race issue, however weak some might suggest it is, still looms large and is a dominant factor despite denials by some researchers. Second, in contrast to what obtains in many other African countries, ethnic identity happily has only a marginal influence on South African voters. This second conclusion should however not be regarded as cast in stone, given the ever-changing dynamic nature of people's identity and behaviour as well as the election campaign strategies of participating political parties and the role of the media. Given that there is a complex interrelatedness of ethnic and racial identity and interests, the electorate might well be more sophisticated than many realise.     

Estimating the Skull‐to‐Camera Distance from Facial Photographs for Craniofacial Superimposition

The overlay of a skull and a face image for identification purposes requires similar subject‐to‐camera distances (SCD) to be used at both photographic sessions so that differences in perspective do not compromise the anatomical comparisons. As the facial photograph is the reference standard, it is crucial to determine its SCD first and apply this value to photography of the skull. So far, such a method for estimating the SCD has been elusive (some say impossible), compromising the technical validity of the superimposition procedure. This paper tests the feasibility of using the palpebral fissure length and a well‐established photographic algorithm to accurately estimate the SCD from the facial photograph. Recordings at known SCD across a 1–10 m range (repeated under two test conditions) demonstrate that the newly formulated method works: a mean SCD estimation error of 7% that translates into <1% perspective distortion error between estimated and actual conditions.     

磁珠直接吸附法对体态检材游离DNA的提取

目的采用磁珠直接吸附法对人体尿液、唾液、血液3种体态生物检材中的游离DNA进行提取检验,为法医物证中游离DNA的研究及检验工作提供参考。方法对3种生物检材采取离心吸取上清液的方法分离游离DNA,然后采用磁珠直接吸附法进行提取纯化,Identifiler-Plus试剂盒进行复合扩增后常规STR检测。结果在3种检材中均检出了游离DNA,其中血液中游离DNA检出率为100%,唾液为90%,尿液为70%。结论人体体态生物检材中存在游离DNA,同时磁珠直接吸附法可高效、快捷的提取生物检材中的游离DNA。     

试论中国区域贸易安排战略

Regional Trade Arrangements (RTAs) have proliferated after the birth of the World Trade Organization (WTO). In these years, as the members of RTAs increased considerably, the instruments and formalities of RTAs have been varied, and the scope of RTAs has been expanded. With regards to China, it has changed its traditional view and has been engaged positively in the building its own RTAs. Facing the competition from neighboring countries, China should construct an appropriate strategy on RTAs as soon as possible. Without the derogation of multilateral trade agreement, the RTA strategy should be led by national strategic interest, contain the involvement of various levels of trade agreements, enlarge the scope of regional trade agreements, and expand the potential realm of partners for cooperation, etc. Chen Bin was a joint doctoral student of Wuhan University (China) and l’Université Paul Cézanne Aix-Marseille III (France). Now, he is an editor of International Law Review of Wuhan University, a visiting scholar under the scholarship programme of UK foundation for Uniform Law of l’Institut International pour l’Unification du Droit Privé (Unidroit), a researcher under the doctoral scholarship programme of the Hague Academy of International Law, a research fellow of Heidelberg Max Plank Institute for Comparative Public Law and International Law, a research fellow under the Asser Research Fellowships Programme of T.M.C. Asser Instituut, a visiting fellow under the scholarship program for visiting fellows of Hamburg Max Plank Institute for Comparative and International Private Law. Mr. Chen is a member of the Society of International Economic Law (SIEL), the Association for International Arbitration (AIA) and the Asian Competition Forum (ACF), and a researcher of the Arbitration Institute of Guangzhou Arbitration Court. Currently, his research interests focus on international trade law and public international law.