行政裁量基准的技术范式研究

"裁量基准运动"在实践中开展得如火如荼,理论研究也日渐深入,在防止裁量滥用、构建裁量治理模式方面确实起到了很大的作用。但是,裁量基准能否在实践中真正发挥自己应有的作用和效能,在很大程度上还取决于其制定过程中能否合理地考量各种技术因素。因此,将客观的技术标准植入主观的裁量过程,对影响裁量基准制定的因素予以量化,规划研究它们对于合理估量裁量因素的正义层级,以求改进裁量基准制定技术、保证个案正义将大有裨益。     

North Korea's Internet strategy and its political implications

Abstract

During recent years, the role of information technology in shaping politics and social movements in the digital age is drawing increasing scholarly attention. There is, however, little such literature on North Korea as the country remains almost completely cut off from the Internet. Since the mid-1990s, the DPRK government has strategically developed its information and communication technology and has subsequently built a domestic intranet. Although North Korea keeps a minimal presence on the web, there are signs that the country is taking small and cautious steps to allow some social elites to take advantage of the Internet in order to leapfrog its economic development. Indeed, a high-profile defector indicated that North Korea will most likely start allowing wider but limited internet access in the near future. This paper examines North Korea's intranet and Internet policies and explores their political implications by drawing upon first-hand data from Korean sources and existing literature as well as by juxtaposing the North Korean case with other communist regimes such as China and Cuba in terms of their attempts to control and manipulate the Internet. It shows that the DPRK government is likely to learn from the Chinese and Cuban experiences and adopt a ‘Mosquito-Net’ model in controlling the Internet in an effort to attract foreign investment while keeping out information deemed threatening by the regime.     

论刑法作为宪法的罚则及二者的关系模式

目前关于宪法和刑法关系的表述,是一种基于宪法文本的解读,没有论及当前的法律设计是否合理。宪法是法律世界的统领,为个人权利对抗刑罚权力提供平台,形成对刑法审视,并且贯穿定罪和量刑两大根本领域。具体而言,对宪法秩序的破坏是犯罪行为具有严重社会危害性的指针和标准;只有宪法才能说明刑罚的正当性来源于人民。因此,刑法是宪法的一种罚则,宪法在由精神、原则和规范所组成的框架内指引着刑法的创设和发展。     

浅析公民参与和公共管理的实现

公民参与是公民试图影响公共政策和公共生活的一切活动。它是现代公共管理不可或缺的重要环节,是促使公共部门实现其公共责任和良好治理的一个重要手段。广泛的公民参与是国家民主政治建设的重要内容,也是公共政策制定的基石。因此,要采取一些积极的措施,为公民参与扫清障碍,拓宽公民参与的途径。     

美国医疗纠纷替代性解决机制现状及发展

美国医疗纠纷替代性纠纷解决机制卓有成效,其不仅包含作为传统非讼手段的调解、仲裁、和解。还创设出监察员制度、事实调查、建立共识、混合式ADR、聘雇退休法官程序、微型审理、简易陪审团审判、诉前审查庭等多种方式。因受到司法机关与行政单位的重视和民间团体的大力支持,美国ADR制度已经发展成为与民事诉讼制度双轨并行、相互补充的重要纠纷解决机制。当前,针对我国医患纠纷事件频发,伤医事件愈演愈烈的情况,将ADR机制导引入国内医疗纠纷领域,不失为一条妥善解决医疗纠纷的有效可行的途径。     

TARGET CHOICE DURING EXTREME EVENTS: A DISCRETE SPATIAL CHOICE MODEL OF THE 2011 LONDON RIOTS

Riots are extreme events, and much of the early research on rioting suggested that the decision making of rioters was far from rational and could only be understood from the perspective of a collective mind. In the current study, we derive and test a set of expectations regarding rioter spatial decision making developed from theories originally intended to explain patterns of urban crime when law and order prevail—crime pattern and social disorganization theory—and consider theories of collective behavior and contagion. To do this, we use data for all riot‐related incidents that occurred in London in August 2011 that were detected by the police. Unlike most studies of victimization, we use a random utility model to examine simultaneously how the features of the destinations selected by rioters, the origins of their journeys, and the characteristics of the offenders influence offender spatial decision making. The results demonstrate that rioter target choices were far from random and provide support for all three types of theory, but for crime pattern theory in particular. For example, rioters were more likely to engage in the disorder close to their home location and to select areas that contained routine activity nodes and transport hubs, and they were less likely to cross the Thames River. In terms of contagion, rioters were found to be more likely to target areas that had experienced rioting in the previous 24 hours. From a policy perspective, the findings provide insight into the types of areas that may be most vulnerable during riots and why this is the case, and when particular areas are likely to be at an elevated risk of this type of disorder.     

The Effects of Continuous Application of the TASER X26 Waveform on Sus scrofa,

This study investigated and evaluated the safety margins of the continuous long duration (up to 30 min) effect of the TASER X26 waveform, using a Sus scrofa model. Long duration continuous stimulus has not been evaluated on humans or human surrogates prior to this study. Swine were used as models due to similarities with humans in their skin and cardiovascular systems. Very long duration was used to determine both exposure dose and possible adverse physiological effects of dose. The trial began with an application of 10 min, and subsequent animals received increasing exposure time up to a survived maximum duration of 30 min. At the onset of this work, it was hypothesized that there would be a time limit after which most animals would not survive consistent with increased dose response. However, this hypothesis was not supported by the experimental results. All animals (10 of 10) survived up to 3 min. Seven of the 10 animals survived up to a 10‐min exposure and 3 of 5 animals with a 30‐min target exposure survived the full exposure. Surviving animals were recovered and observed for 24 h, with no postrecovery deaths. This suggests that swine (based on physiology) will not experience a fatal event when exposed to the TASER X26 for a continuous 3 min. Conclusions regarding longer duration (10–30 min) are not as certain due to the small sample sizes at these time intervals.     

Odontological Approach to Sexual Dimorphism in Southeastern France

Abstract: The aim of this study was to establish a prediction formula to allow for the determination of sex among the southeastern French population using dental measurements. The sample consisted of 105 individuals (57 males and 48 females, aged between 18 and 25 years). Dental measurements were calculated using Euclidean distances, in three‐dimensional space, from point coordinates obtained by a Microscribe. A multiple logistic regression analysis was performed to establish the prediction formula. Among 12 selected dental distances, a stepwise logistic regression analysis highlighted the two most significant discriminate predictors of sex: one located at the mandible and the other at the maxilla. A cutpoint was proposed to prediction of true sex. The prediction formula was then tested on a validation sample (20 males and 34 females, aged between 18 and 62 years and with a history of orthodontics or restorative care) to evaluate the accuracy of the method.     

《特殊痕迹检验》课程考核模式的改革与实践

考核模式改革是我校＂教学重心转变＂工作中教学模式改革的重点和核心内容之一。本文通过对《特殊痕迹检验》课程考核模式的改革与实践,提出了适应本专业学生教学练战一体化的考核模式。     

当前公租房治安管理模式存在的问题及对策——以重庆“民心佳园”公租房小区为视角

随着公租房建设的全面铺开,如何管理好公租房小区是当前面临的社会难题。公租房小区的管理主体、管理对象、管理手段方面都呈现出新的特点。要理顺管理体制,明确责任,健全基层组织;建立完备的公租房规章制度,完善技防措施,提高物管水平;延伸公安信息采集的触角,开展多元化服务;协调整合社会各界力量,建立多层次、全方位的社区安全资源网络。