道路·体系·制度:中国共产党人对社会主义的伟大贡献

胡锦涛在“七一”重要讲话中归结了90年来所取得的三大成就:中国特色社会主义道路、中国特色社会主义理论体系以及中国特色社会主义制度,以上三者的统一是对中国特色社会主义的科学定位.中国特色社会主义道路是社会主义运动和人类现代化进程中的伟大创新,中国特色社会主义理论体系是与中国革命和建设内在逻辑相一致的理论指南,中国特色社会主义制度是当代中国发展进步的根本保证.     

民法诚信原则与劳动法适用之博弈论纲——以“奋斗者协议”和“自愿弃保”为例

"奋斗者协议"与"自愿弃保"案件背后隐含的法理可简概为民法诚信原则与劳动法适用问题。实践中的误读和误判、《民法典》缺失劳动权(益)之基本民事权利设置、共享经济下新型劳动用工和疫情与后疫情时代之多重叠加效应,导致了劳动法之"衰"与"殇"。民法诚信原则同样适用劳动法含社会保障法,所谓劳动法不能适用该原则或者民法思维模式都是不严谨之"伪"命题。劳动法适用诚信原则应当考量其特殊性,惩戒权适用时,应当遵循比例原则和有利原则,并不得涉及劳动者非职业行为即私人行为和排除社会保障权。任何排除或剥夺劳动者社会保障权的约定或规章都是无效的。后劳动合同义务适用诚信原则不能"选择性""遗漏"抗辩权,如果当事人依法行使抗辩权,则不能裁定其违反了诚信原则,否则就是"伪"民法思维模式。实习关系属于特殊的劳动关系,在实习法律规范严重缺失下,用具有弥补法律不足之价值与功能的诚信原则治理"虚假实习"完全必要而且可行。     

Performance of the supervised learning algorithms in sex estimation of the proximal femur: A comparative study in contemporary Egyptian and Turkish samples

Sex estimation standards are population specific however, we argue that machine learning techniques (ML) may enhance the biological sex determination on trans-population application. Linear discriminant analysis (LDA) versus nine ML including quadratic discriminant analysis (QDA), support vector machine (SVM), Decision Tree (DT), Gaussian process (GPC), Naïve Bayesian (NBC), K-Nearest Neighbor (KNN), Random Forest (RFM) and Adaptive boosting (Adaboost) were compared. The experiments involve two contemporary populations: Turkish (n = 300) and Egyptian populations (n = 100) for training and validation, respectively. Base models were calibrated using isotonic and sigmoid calibration schemes. Results were analyzed at posterior probabilities (pp) thresholds >0.95 and >0.80. At pp = 0.5, ML algorithms yielded comparable accuracies in the training (90% to 97%) and test sets (81% to 88%) which are not modified after employing the calibration techniques. At pp >0.95, the raw RFM, LDA, QDA, and SVM models have shown the best performance however, calibration techniques improved the performance of various classifier especially NBC and Adaboost. By contrast, the performance of GPC, KNN, QDA models worsened by calibration. RFM has shown the best performance among all models at both thresholds whereas LDA benefited the best from using both calibration methods at pp >0.80. Complex ML models are not necessarily achieving better performance metrics. LDA and QDA remain the fastest and simplest classifiers. We demonstrated the capability of enhancing sex estimation using ML on an independent population sample however, differences in the underlying probability distribution generated by models were detected which warranted more cautious application by forensic practitioners.     

我国民事执行回转理论基础与制度构造的革新

我国民事执行回转制度一方面因在实践运行中背离民事诉讼法的立法趣旨,出现了“审执合一”的程序构造和可能被执行回转之诉替代之问题;另一方面因生成于传统职权主义诉讼体制,又面临着理论基础和制度构造都需要彻底改造的问题。相较于其他被执行财产事后救济制度,民事执行回转制度对于实现诉讼经济和诉讼迅速的理念,促成纠纷一次性或最大化解决,有着十分明显的制度优势。因此,将民事执行回转制度由职权进行主义运行模式改造成贯彻处分权主义的运行模式,使之在保留原有制度功能及优势的同时,又符合新时代民事诉讼的发展需要,是当下民事强制执行法立法过程中应予充分考虑和努力解决的重大课题。具体制度构建上,应将不当得利之债规定为民事执行回转制度的实体法基础,并将其定性为实质诉讼规范;坚持审执分立的程序构造和排除另诉的处理方案;将回转制度规定在民事诉讼法“审判程序”编中,并设立裁判解释程序。     

Does counter-mobilization contain right-wing populist movements? Evidence from Germany

Right-wing populist (RWP) movements have been on the rise in Western democracies. Outside of party politics, such movements regularly organize demonstrations against political elites and minority groups. At the same time, civil society coalitions have mobilized against these movements. Yet we know little about the effect of counter-demonstrations on RWP protest activities. We derive competing theoretical expectations from previous work. On the one hand, counter-mobilization reduces mobilization because the original movement is less likely to achieve its goals (expected utility/costs). On the other hand, clashes and standoffs between opposing movements facilitate mobilization through polarization and anger (identity/emotions). We empirically analyze movement–countermovement dynamics using a new city-level event dataset on street protests by the German Pegida movement and its opponents. In our quantitative analysis, we investigate how counter-mobilization is associated with the onset of Pegida protests, their intensity in terms of participant numbers, and their demobilization. Counter-mobilization does not prevent protest onset, but large counter-demonstrations are associated with larger subsequent Pegida protests, and violence against Pegida supporters reduces the likelihood that they will stop protesting.     

Why are the affluent better represented around the world?

Scholars have discovered remarkable inequalities in who gets represented in electoral democracies. Around the world, the preferences of the rich tend to be better represented than those of the less well-off. In this paper, we use the most comprehensive comparative dataset of unequal representation available to answer why the poor are underrepresented. By leveraging variation over time and across countries, we study which factors explain why representation is more unequal in some places than in others. We compile a number of covariates examined in previous studies and use machine learning to describe which mechanisms best explain the data. Globally, we find that economic conditions and good governance are most important in determining the extent of unequal representation, and we find little support for hypotheses related to political institutions, interest groups or political behaviour, such as turnout. These results provide the first broadly comparative explanations for unequal representation.     

Automated detection and classification of counterfeit banknotes using quantitative features captured by spectral-domain optical coherence tomography

Counterfeiting of banknotes is still a severe crime problem in many countries. One of the most significant issue for solving the crime is to classify the counterfeit types and identify the sources. Most of the current methods to classify counterfeit banknotes rely on manual examination that is time-consuming and labor-intensive. Moreover, these methods only detect surface features which can be easily imitated through advanced printing technology. In this study, an automated method based on optical coherence tomography (OCT) and machine-learning algorithms was proposed to classify different types of banknotes based on the internal features. A spectral-domain OCT (SD-OCT) system was employed for sub-surface imaging and quantitative assessment of banknotes. A total of 29 Chinese 100-Yuan banknotes were collected, in which 4 of them were real and 25 of them were counterfeiting by three different printing processes. Each banknote was imaged 10 times in 3 distinct regions, which resulted in a dataset of 290 samples. Each sample was characterized by extracting 2 A-scan (OCT signal intensity along depth) based features and 14B-scan (cross-sectional OCT images) based features. Several machine-learning models, including logistic regression (LR), support vector machines (SVM), K-nearest neighbor (KNN) and random forest (RF), were built and optimized as the classifiers that were trained using 203 samples and applied to predict 87 testing samples. The best performance was achieved by SVM classifier in which the sensitivity of 96.55% and specificity of 98.85% were obtained in discriminating between authentic and counterfeit banknotes, and the sensitivity of 94.67% and specificity of 98.22% were obtained in predicting the types of counterfeit banknotes. These classifiers were also evaluated using the receiver operating characteristic (ROC) curves. To the best of our knowledge, this is the first study where A-scan and B-scan derived features from OCT images have been used for the detection and classification of different types of counterfeit banknotes.     

微罪不诉人员社会帮教机制的完善

近年来,检察机关在审查起诉过程中逐步扩大了微罪不诉的适用范围,创新了微罪不诉人员的帮教机制,使本应受到刑事处罚的轻微犯罪行为人重新回归社会,回归家庭。目前,检察机关应依托现有资源和司法体制,对微罪不诉人员采用不同的新型帮教模式,并建立微罪不诉人员帮教联席会议、委托帮教、隐性帮教保密等项制度,以更好地教育感化犯罪行为人,帮助其正常生活,远离犯罪。     

日常生活理论视阈下幸福建设研究

日常生活理论视阈下探讨幸福建设有助于针对不同领域,理清不同主体的建设责任,采取针对性举措,并随着建设进程而逐步改变建设重点和内容。在日常生活领域,主要是满足群众日常消费、日常交往、日常休闲和日常观念等需要,而在非日常生活领域重点在于推进社会主义民主法治,以公共政策等引领和提升日常生活。     

生命法史考

作为生命法学研究对象的生命法拥有自身独特的发展历程。国外生命法与中国生命法尽管显现出了不尽相同的发展进路，但却有着相同的推动力量。具体来说：生命法的发展是经济社会进步的必然结果，是科技进步的必然结果。生命法的本质使命在于保障人类生命伦理社会秩序的相对稳定。就其发展进路来看，生命科技的不断进步与人类经济社会的持续发展使得生命法的调整范围必然呈现出日渐扩大的趋向，其体系构成必然会逐步完善，而生命法的内容也会越来越趋向于理性。