县级公安机关法制部门职能定位初探——以案件审核职能改革为背景分析

各类大小案件的审核全部由县级公安机关的法制部门承担,法制科成为案件审核科,不利于从整体上推进公安法制工作。加强基层公安机关执法质量建设,提高执法水平,应弱化法制部门的审核职能,强化各警种各单位执法责任,提升法制部门组织、规划、协调、指导、推动的功能与作用。     

刑事司法中的“习惯”问题研究

在刑事司法实践中,司法习惯是一种普遍的司法现象,法律理解和操作上的习惯成为司法职业者实际遵循的规则。正确的刑事司法习惯一般对司法活动具有稳定性、司法行为结果的可预见性、司法处理方式和结果的一致性、减轻司法负担等几方面功能。然而,在我国存在大量与法律冲突,或表面上合符法律的规定实质上违背了立法原意,或虽符合法理但法律又无相关规定的背离或超越法律的错误和瑕疵习惯。纠正错误或瑕疵习惯需要采取建立完善相应制度,培养和树立法治观念,创造条件改善刑事司法环境,形成职业法律家群体等措施。     

论功能性作品版权保护的理论困惑及解决路径——重估习惯的力量

功能性作品版权保护产生与发展的理论基础虽受到功利主义政策、自然权利哲学等诸多因素的影响,但其理论变迁最终所实现的效果只是为了替代版权和专利权习惯意义上所存在的范畴区别。由于当前存在版权法定义模糊、版权理论冲突、版权习惯困惑等诸多问题,应重估容易为知识产权学界所忽略的习惯力量,为中国语境下的功能性作品版权保护提供可行的路径选择。     

Effects of obesity on talar micro- and macro-morphology

The addition of information regarding obesity status to the forensic anthropological biological profile could significantly contribute to the identification of human skeletal remains since over 40% of the U.S. adult population is currently obese. This study examines the differences in talar shape and trabecular bone structure between obese and non-obese individuals. A sample of 20 obese and 20 non-obese divided evenly by sex was selected from the Texas State University Donated Skeletal Collection. Tali were imaged using x-ray computed tomography (voxel size: 28–38.7 μm). Image stacks were processed to produce binary images as well as trabecular thickness and spacing maps. Landmark-based geometric morphometric analyses were conducted to quantify shape variation. Shape coordinates were used to locate 100 geometrically homologous volumes of interest within each talus. Bone volume fraction, trabecular thickness, and trabecular spacing were extracted at each volume of interest. Within each sex, a one-way ANCOVA was used to determine if significant differences exist between obese and non-obese individuals in trabecular bone after controlling for age. The size of the talus as well as subtle aspects of shape were found to distinguish the sexes. The results further indicate that bone volume fraction significantly differs between obese and non-obese males. In females, bone volume fraction is correlated with age but does not differ between obese and non-obese. The study demonstrates that bone microstructure is a promising approach to estimating body mass or body mass index category but age effects diminish the potential for the talus to be used alone.     

非法储存爆炸物罪的刑法理论分析

理论界和实践部门对认定非法储存爆炸物罪存在不同观点,文章认为问题的产生与非法储存爆炸物罪的刑法理论研究不足有直接关系。刑法的价值与使命决定,刑法绝不能对不断发生的由于储存爆炸物发生的爆炸事故造成人民群众生命财产损失的情形熟视无睹,而要准确理解非法储存爆炸物罪,必须探析设立本罪的基本价值取向和主要功能诉求。     

Team Characteristics and Team Member Knowledge,Skills, and Ability Relationships to the Effectiveness of Cross‐Functional Teams in the Public Sector

Abstract

This study examines members of cross‐functional teams in the public sector for the necessary knowledge, skills, and ability (KSA) to be effective team members. It was determined that members of cross‐functional teams in the public sector possess the necessary KSA to perform effectively. The following characteristics are statistically significant factors: (1) years of professional work experience; (2) frequency of team participation; (3) the type of team training, i.e., collaboration and performance management; and (4) situational entry to team assignments (volunteered, assigned, requested), specifically volunteer and requested. The findings are significant in that managers within the government have some guidelines on team formation. They now know who should be team members, team members should be volunteers, and management should ensure that the team members have specific training in the areas of team collaboration and performance management. The findings are significant for employees as well. To acquire experience, employees should be interested in participating in a team environment (i.e., volunteering for the assignment). They should participate on numerous teams, so that they can become more effective as team members. Employees should acquire training in specific team skills (i.e., collaboration and performance management) to help them better understand how to work within the team and the team members and get results.     

Analysis of motivation in people with mild learning disabilities (mental handicap) who set fires

Abstract

Ten people with mild learning disabilities (mild mental handicap) who had all set rues and had been admitted to a hospital facility for people with challenging behaviours were interviewed about their perceptions of events, feelings and cognitions prior to and after setting fins. They were also asked to rate their excitement/upset in a series of fire-related situations. Results showed that people could identify reliably the events, feelings and cognitions prior to fire-setting but were less reliable at identifying consequences. Most commonly, people had felt angry prior to setting fires but it was also common to feel not listened to, sad or depressed. Multiple factors were relevant for most people. Some people identified the excitement of the rue as relevant and these people gave the highest ratings on the fire-related situations schedule and scored higher than controls on this schedule. Implications for treatment are discussed.     

Analysing characters' interactions in filmic text: a functional semiotic approach

This paper presents an analytical tool for constructing characters' action patterns in film. Understanding characters in moving images has been regarded as one of the most significant elements of narrative comprehension and interpretation because spectators' inferences of narrative structures are substantially mediated by characters. The social semiotic method presented in this paper shows how characters' actions and interactions can be systematically constructed based on the co-patterning of textual elements in film and how the patterns provide an analytical foundation for understanding and interpreting characters. In addition, this paper also reviews the previous explorations of the more fine-grained approaches to character analysis and then demonstrates how the method the paper suggests can support and strengthen the accounts provided to date. Most importantly, by comparing scenes within and across two war films, The Thin Red Line (1998) and Black Hawk Down (2001), the article will show the potential of this method for effectively constraining hypotheses for empirical investigations of filmic meaning.     

论大陆法国家对信托的引进及其进路

信托的本质是一种财产管理运作方式,从设立到成立、再到运行受到普通法与衡平法的共同调整,对英美普通法与衡平法互动的双重法律体系有着强烈的依赖,而普通法与衡平法互动的双重法律体系又是英美法的特色。尽管没有衡平法和双重法律体系,大陆法系国家还是可以通过功能移植的方式引进信托的。马尔他与魁北克就是成功移植信托的两个实例。     

社会司法鉴定人和职能司法鉴定人比较评介

全国人大常委会《关于司法鉴定管理问题的决定》旨在建立统一司法鉴定管理体制,然而,实践中出现的鉴定机构和鉴定人管理双轨制使《决定》的立法初衷未能实现。＂两高＂、＂三部＂《通知》试图对此予以校正,将侦查机关所属＂职能鉴定人＂一并纳入司法行政部门的登记管理体系。由此出现的社会司法鉴定人和职能司法鉴定人仍然在管理上存在差异,从统一司法鉴定管理体制的角度看,职能司法鉴定人依旧具有不合理性。