受贿罪“唯数额论”的实践考察与原因分析

受贿罪是我国司法实践中的常见罪、多发罪。对其司法实证定性分析表明,受贿数额与宣告刑量成正比关系;对其定量分析表明,受贿数额与宣告刑量联系紧密,皮尔逊相关系数高达0．525,呈高度相关,远高于罪后法定表现与宣告刑量-0．237的皮尔逊相关系数。司法实践中存在“唯数额论”的倾向。受传统法律文化的影响是“唯数额论”的重要原因;立法技术尤其是受贿罪侵犯客体的迷离是其主要原因;基于对司法水平和限制法官自由裁量的考量是其现实原因。     

Battles over numbers: the case of the Argentine consumer price index (2007–2015)

An unprecedented crisis of confidence in Argentina's public statistics rendered the declaration of a ‘National Statistical Emergency’ in 2016. This paper examines the battle over the Argentine consumer price index (CPI) between 2007 and 2015. It argues that in this dispute the index became the object of political struggle rather than a methodological controversy. The main characteristics of the Argentine CPI, its trajectory and the country’s inflationary history influenced the type of debate and the dispute that was possible and feasible. The battle was linked to the erosion of confidence in and social support for official statistics and to the emergence of alternative price indices. Both processes seriously undermined the government's ability to control inflation.     

金融科技的算法风险及其法律规制

随着算法在金融领域应用的深入,算法固有的缺陷和特性也逐渐与金融本身的风险和逻辑发生耦合,形成了算法歧视、算法绑架、算法趋同等新型金融风险.然而,现有的金融科技算法规制框架存在主体、对象和工具层面的诸多问题,导致金融科技算法风险规制的低效和失灵,因而需要进行规制路径的优化和调适.从主体层面出发,应构建以金稳会为基础的规制...     

基于统计分析的北京市二环路服务水平可靠度评价

交通流量的增加使二环路的运行状态变得极不稳定,服务水平可靠度作为一个概率性的测度参数能有效地评价其动态特性。首先对服务水平可靠度的概念进行了界定,提出了基于交通统计的服务水平可靠度的计算方法,利用北京市二环路的实测数据,对北京市二环路各路段的可靠度进行了计算。在此基础上,分析了二环路可靠度的影响因素。     

智能仪表设计中数制转换的快速算法及实现

提出了一种数制转换的快速算法并在51系列单片机为核心的智能仪表设计中得到实现。通过与传统算法的比较,平均转换速度提高4倍以上,同时扩大了十进制数的输入范围、减少了程序存储空间。该算法在提高智能化仪表的运算速度方面,具有很高的推广应用价值。     

The Past as Prologue: An Economist''s Tentative Prognosis for the New Millennium

The past millennium witnessed three intellectual revolutions, namely, the Renaissance, the Reformation, and the Enlightenment. A fourth such revolution, the High Tech or Information Revolution, started after the end of World War II, and is still evolving. The computerization of all sciences has now bridged the former Great Divide between the natural and social sciences. Today, it is widely believed that the 21st century will be the century of biology, and that social scientists will soon base their analytical work in the physical realities of human biology and psychology.     

Near Infrared Spectroscopy Detection and Quantification of Herbal Medicines Adulterated with Sibutramine

There is an increasing demand for herbal medicines in weight loss treatment. Some synthetic chemicals, such as sibutramine (SB), have been detected as adulterants in herbal formulations. In this study, two strategies using near infrared (NIR) spectroscopy have been developed to evaluate potential adulteration of herbal medicines with SB: a qualitative screening approach and a quantitative methodology based on multivariate calibration. Samples were composed by products commercialized as herbal medicines, as well as by laboratory adulterated samples. Spectra were obtained in the range of 14,000–4000 per cm. Using PLS‐DA, a correct classification of 100% was achieved for the external validation set. In the quantitative approach, the root mean squares error of prediction (RMSEP), for both PLS and MLR models, was 0.2%w/w. The results prove the potential of NIR spectroscopy and multivariate calibration in quantifying sibutramine in adulterated herbal medicines samples.     

Identifying reliable ions for the statistical differentiation of structurally similar fentanyl analogs

Definitive identification of fentanyl analogs based on mass spectral comparison is challenging given the high degree of structural and, hence, spectral similarity. To address this, a statistical method was previously developed in which two electron-ionization (EI) mass spectra are compared using the unequal variance t-test. Normalized intensities of corresponding ions are compared, testing the null hypothesis (H₀) that the difference in intensity is equal to zero. If H₀ is accepted at all m/z values, the two spectra are statistically equivalent at the specified confidence level. If H₀ is not accepted at any m/z value, then there is a significant difference in intensity at that m/z value between the two spectra. In this work, the statistical comparison method is applied to distinguish EI spectra of valeryl fentanyl, isovaleryl fentanyl, and pivaloyl fentanyl. Spectra of the three analogs were collected over a 9-month period and at different concentrations. At the 99.9% confidence level, the spectra of corresponding isomers were statistically associated. Spectra of different isomers were statistically distinct, and ions responsible for discrimination were identified in each comparison. To account for inherent instrument variations, discriminating ions for each pairwise comparison were ranked based on the magnitude of the calculated t-statistic (t_calc) value. For a given comparison, ions with higher t_calc values are those with the greatest difference in intensity between the two spectra and, therefore, are considered more reliable for discrimination. Using these methods, objective discrimination among the spectra was achieved and ions considered most reliable for discrimination of these isomers were identified.     

How regulations undervalue occupational fatalities

The U.S. Occupational Safety and Health Administration establishes incentives for safety by setting and enforcing regulatory standards. Using four and a half decades of inspection data, this article provides a comprehensive analysis of the factors underpinning penalties following fatalities. The “fatality premium” for regulatory violations following a worker death is quite modest and is several orders of magnitude below the value-of-a-statistical-life figure needed to establish efficient levels of deterrence in the absence of all other financial incentives. Although there are low statutory caps on penalties, only 8% of the penalties for violations involving fatalities are constrained by the cap, suggesting that current statutes establish norms for reasonable penalty amounts. In situations involving a fatality at firms with union representation during the inspection, the enforcement sanctions are more stringent. Fatalities involving migrant laborers are less heavily penalized.