合同转让制度中权利义务责任的平衡观

合同转让包括合同权利的转让与合同义务的转让。合同债权转让不应以通知债务人为生效条件,以出让人与受让人达成转让合意为条件才符合合同法的基本原理,通知债务人是出让人转让债权的附随义务。在债权双重让与时,由于债权请求权属性与物权的不同,无法通过公示制度保护第三人利益,唯有强化受让人的注意义务才有助于实现当事人之间权益的平衡。合同义务的转让主要包括免责的债务承担与并存的债务承担,并存的债务承担在实务中的界定是较难把握的,免责的债务承担第三人承受移转债务负有给付义务。     

论人工智能赋值国家治理:方法、视角与维度

赋值是智能政治学的重要研究课题,赋值研究是智能政治学的重要分析方法.人工智能赋值国家治理,从分析视角来看,表现为人工智能科学、人工智能技术、人工智能形态和人工智能体对国家治理的多重赋值和多源性影响作用.从分析维度来讲,表现为人工智能从赋益、赋义、赋能、赋权、赋则和赋责等多维度影响作用或赋值国家治理,甚至推动国家治理从"...     

著作权利用制度的比较研究

著作权的利用是著作权法的一项重要制度 ,它使得著作权人、传播者、使用者的利益有机地结合起来 ,真正实现著作权法的目的和观念。比较研究各国著作权利用制度中的著作权转让、著作权的许可使用、著作权的质押 ,对完善我国著作权立法和司法实践有着重要的意义。     

A test for carrion fly full siblings: a tool for detecting postmortem relocation of a corpse

We propose a genetic test for full sibship for a pair of carrion flies that could reveal the postmortem relocation of a corpse. A carrion fly larva is sometimes left behind when a corpse is moved. The discovery of full sibling larvae of approximately the same developmental stage at two locations would strongly suggest that a corpse was moved between those two sites. Distributions of pairwise comparisons of relatedness (R) coefficients were generated using amplified fragment length polymorphism profiles for nine samples of laboratory-generated full siblings as well as for a reference sample of nonfull sibling Phormia regina (Diptera: Calliphoridae). The mean relative R coefficient, a pairwise measure of the proportion of shared alleles, was 0.479 (±0.289 SD) for full siblings, close to the theoretical expectation of 0.5. A likelihood ratio (LR) test was based on observed distributions of R. R >0.55 corresponded to an LR >1000 favoring full sibship for that pair of individuals.     

Choosing relatives for DNA identification of missing persons

DNA-based analysis is integral to missing person identification cases. When direct references are not available, indirect relative references can be used to identify missing persons by kinship analysis. Generally, more reference relatives render greater accuracy of identification. However, it is costly to type multiple references. Thus, at times, decisions may need to be made on which relatives to type. In this study, pedigrees for 37 common reference scenarios with 13 CODIS STRs were simulated to rank the information content of different combinations of relatives. The results confirm that first-order relatives (parents and fullsibs) are the most preferred relatives to identify missing persons; fullsibs are also informative. Less genetic dependence between references provides a higher on average likelihood ratio. Distant relatives may not be helpful solely by autosomal markers. But lineage-based Y chromosome and mitochondrial DNA markers can increase the likelihood ratio or serve as filters to exclude putative relationships.     

Confidence interval of the likelihood ratio associated with mixed stain DNA evidence

Likelihood ratios are necessary to properly interpret mixed stain DNA evidence. They can flexibly consider alternate hypotheses and can account for population substructure. The likelihood ratio should be seen as an estimate and not a fixed value, because the calculations are functions of allelic frequency estimates that were estimated from a small portion of the population. Current methods do not account for uncertainty in the likelihood ratio estimates and are therefore an incomplete picture of the strength of the evidence. We propose the use of a confidence interval to report the consequent variation of likelihood ratios. The confidence interval is calculated using the standard forensic likelihood ratio formulae and a variance estimate derived using the Taylor expansion. The formula is explained, and a computer program has been made available. Numeric work shows that the evidential strength of DNA profiles decreases as the variation among populations increases.     

When random assignment fails: Some lessons from the Minneapolis Spouse Abuse Experiment

In this paper, we consider what may be done when researchers anticipate that in the implementation of field experiments, random assignment to experimental and control groups is likely to be flawed. We then reanalyze data from the Minneapolis Spouse Abuse Experiment in a manner that explicitly models violations of random assignment. As anticipated, we find far larger treatment effects than previously reported. The techniques developed should be useful in a wide variety of settings when random assignment is implemented imperfectly.