论法官职业道德实施机制

法官职业道德实施机制应该是法官职业道德建设不可或缺的内容,而最高人民法院于2001年10月颁布的《中华人民共和国法官职业道德基本准则》却没有法官职业道德实施机制的相关规定,规范的阙如导致实践操作上的标准不一,因此有必要从理论上对法官职业道德实施机制的内涵、重要意义以及宏观上如何架构法官职业道德实施机制作以论证。     

经济发展要有新思路

党的十六大报告提出了新世纪头 2 0年 ,我国要集中力量全面建设小康社会的宏伟任务。全面建设小康社会 ,必须以经济建设为中心 ,不断解放和发展社会生产力 ,继续保持国民经济的稳定快速健康发展 ,即 2 0年经济总量翻两番 ,年均增长 7.2 % ,基本实现工业化和城市化。发展是硬道理 ,必须用发展的办法解决前进中的问题。     

锌与维生素A对隐孢子虫感染小鼠免疫功能的影响

为探讨锌和维生素A对隐孢子虫感染小鼠免疫功能的影响,将75只清洁级昆明小鼠随机分成5组,各组均饲喂基础日粮。其中Ⅰ组和Ⅴ组不添加锌和维生素A,Ⅱ组以饮水方式添加锌(38.5μmol/mL),Ⅲ组以灌喂的方法添加维生素 A(400 IU/只),Ⅳ组添加锌和维生素 A,Ⅰ、Ⅱ、Ⅲ、Ⅳ组均在试验开始时灌喂小型隐孢子虫卵囊( 2.56×106/mL),Ⅴ组作为不接种对照。试验结果,Ⅱ、Ⅲ、Ⅳ组小鼠的粪便排卵量和排卵持续时间分别显著低于Ⅰ组(P<0.05);在试验的第 2 周和试验结束时,Ⅱ、Ⅲ、Ⅳ组小鼠血液中CD4、CD8细胞百分率以及CD4/CD8比值均极显著高于Ⅰ组(P<0.01)。表明,锌和维生素A均能够增强小鼠的细胞免疫功能,提高机体抗隐孢子虫感染的能力。     

From apathy to obsession: the reactions of A. K. Chesterton and the British far right to imperial decline

ABSTRACT

Mulhall sets out to explain how, contrary to what one might expect, imperial decline was rarely a pressing issue for the British far right, usually falling below both the perceived threats of Communism and immigration on their list of priorities. By first explaining these unexpected findings and then placing them in an international comparative context, new evidence emerges that supports those imperial historians who subscribe to the ‘minimal impact’ orthodoxy regarding the effect of empire on the metropole. In addition, however, those aspects of the radical right that did concern themselves with imperial decline, namely A. K. Chesterton and the League of Empire Loyalists, are explored in depth, revealing a peculiarly British form of conspiratorial antisemitism that blamed imperial decline on secret Jewish power. This strand of conspiracy thinking, best articulated by Chesterton, is traced back to its origin so as to illuminate the continuity of ideas and ideologies between the interwar and post-war periods within the British far right. The result is an article that contributes to several existing historiographical debates and provides an exploration of a less well-known aspect of the work of A. K. Chesterton and conspiratorial antisemitism more generally.     

Preserving fairness: Williams against Cohen on just inequality

The view that the choices people make affect what it is fair for them to receive has widespread appeal. This very general thought has found particular and acute expression in the context of distributive justice in the form of the influential view that has become known as luck egalitarianism. In a surprising development, one of luck egalitarianism’s foremost advocates – G.A. Cohen – appeared, in one of his final papers, to reject the commitment to the fairness of chosen inequalities that defines luck egalitarianism. In opposition to the luck egalitarian view, Cohen suggests that choice merely deprives the disadvantaged of a complaint against being worse off, rather than rendering such inequality fair. Against Cohen’s revised view, Andrew Williams has argued that Cohen’s move underestimates an account of equality under which what individuals choose to do with their equal allocation affects what it is to treat them fairly. Here, I seek to show how the Williams response fails to undermine Cohen’s claims about the relation between fairness and choice. I draw on this analysis to show how the disagreement between Williams and Cohen on this issue illuminates a broader methodological divergence over how to approach questions of justice and fairness.     

不同前处理方法提取牙齿DNA的比较

目的对三种不同前处理方法提取的牙齿DNA浓度进行比较,建立一种操作简便、经济适用、浓度较高的牙齿DNA提取的前处理方法。方法选择源自7具尸体的共21颗磨牙,每具尸体的3颗磨牙随机按牙屑法、球磨法、液氮研磨法进行前处理,并分别称取50 mg,采用Auto Mate Express~(TM)法医DNA提取系统提取DNA,对三种方法提取的DNA浓度和STR分型结果进行比较。结果牙屑法、球磨法和液氮研磨法提取的DNA质量浓度分别为0.055 6~1.989 1、0.036 6~1.175 6和0.037 8~1.249 0 ng/μL,牙屑法提取的DNA质量浓度较高(P0.05),且STR分型成功率高。结论牙屑法结合Auto Mate Express~(TM)法医DNA提取系统是提取牙齿DNA的一种切实可行的方法,可应用于法医学鉴定实践中。     

Application of mRNA Expression Analysis to Human Blood Identification in Degenerated Samples that were False‐negative by Immunochromatography,,

Forensic laboratories are often faced with cases in which methamphetamine hydrochloride‐mixed blood is unable to be identified as human blood by immunochromatography against human hemoglobin A0. The application of mRNA expression analysis to samples that showed a false‐negative with immunochromatography was investigated as an alternative approach that did not depend on the antigen–antibody reaction. Real‐time PCR was used to examine the expression levels of blood markers such as glycophorin A, spectrin beta, and hemoglobin beta. Hemoglobin beta was the only marker that was specifically detected in blood, while glycophorin A was useful for determining human specificity. Hemoglobin beta showed good detection sensitivity and was detectable in 37‐year‐old blood stains. Hemoglobin beta was exclusively detectable in methamphetamine hydrochloride‐mixed blood stains. Detergents and disinfectants did not significantly influence mRNA markers. The proposed mRNA expression analysis was suitable for human blood identification as an alternative method to immunochromatography.     

Actions by Political Officials Have Weakened the Federal Government Workplace: Downsizing Has Cut Lower Level Workers the Most and Replacing Federal Employees with Private Corporations Costs Much More,Creating the Need for Immediate Reform

Abstract

The authors of this paper are four practitioners each of whom has many years of experience working in the Federal government and also has pursued doctoral studies in public or business administration. Three ideas developed in this paper are that: (1) the Federal civil service has been changed from being a model workplace to a much less desirable one; (2) although downsizing has been touted as an efficiency and economy measure, lower level employees experienced the most cuts and (3) the current practice of replacing Federal employees with private corporations costs much more. Over the past two decades private sector workplaces in the United States, and now the Federal government workplace, have experienced so much change that previous theories, concepts, models, and expectations no longer hold. Just as private industry workplaces have been changed by downsizing, reorganizations, mergers, elimination of middle management, and outsourcing, so, too, has the Federal government workplace been fundamentally altered. Reducing the number of government workers, replacing Federal employees with private firms, increasing the number of officials with political agendas, and using harsh personnel management practices have transfigured the Federal workplace. Examples of factors that have contributed to a changed workplace include: the Civil Service Reform Act which replaced the Civil Service Commission with the Office of Personnel Management; importing private sector approaches into the government, e.g., the Grace Commission; replacing the Civil Service Retirement System with the Federal Employees Retirement System; pressure to downsize and privatize; and many elements of the National Performance Review and Government Performance and Results Act. Now that the metamorphosis away from the traditional Civil Service borne of the Pendleton Act is nearly complete (although the new paradigm is not entirely clear), questions about the effects of a changed government workplace are being raised. Some people believe the metamorphosis is from a caterpillar to a butterfly, while others think the opposite. Whether the changed Federal government is a thing of beauty or a distasteful organism will be determined over time by observations and assessments of the effects of the change. These effects will be both internal to the government workplace, itself, and external to it, involving the products, services, outputs, and outcomes it produces. This paper begins by describing some of the politically mandated changes that have altered the very foundation of the Federal government workplace over the past 20 years and made it a much less desirable place to work. Next, some of the effects of two politically mandated changes are examined: (1) downsizing or reducing the number of Americans who can work for their government and (2) contracting out or replacing government workers with private corporations. Political officials have told the media and the American public that these changes were needed to improve the government's efficiency, effectiveness, and economy. It has been suggested that these initiatives will reduce costs. However, an examination of downsizing and contracting out shows the opposite effect. While overall the Federal government has fewer employees now than in 1961, the statistics indicate that lower level employees have been cut the most:

• The number of secretaries decreased by 39% between 1992 and 1998.

• The blue collar workforce is down 40% since 1982, e.g., Supply Clerical and Technician (?35%), Accounting Technician (?24%), and Electronics Mechanic (?41%).

• Between 1993 and 1998 the number of GS‐1 to GS‐10 employees fell from 767,000 to 594,000.

• In 1983 the number of GS‐1 to GS‐10 workers exceeded GS‐11 to GS‐15 by nearly 300,000, while in 1997 GS‐11 to GS‐15 outnumbered the lower level workers by 44,000.

Although authoritative cost comparison studies are difficult to conduct because top officials have made little provision to collect information on the cost of contracting with private firms or the number of contract employees, available information indicates that it is much more expensive than using government employees. The contracting out we are talking about is not the usual kind—building ships or planes, or acquiring computer systems or special expertise not available in the government. Rather, it is contracting with private firms to do jobs that are currently being performed by Federal employees. Not satisfied with the level at which firms are being substituted for Federal employees, actions by political officials have created an environment which now favors private corporations and where they can be given work at top management's discretion, often regardless of cost. In fact, today most contracting out is done without the use of Circular A‐76 Cost Comparison Studies. There is empirical and logical evidence that shows that replacing government employees with private corporations is more expensive. For example, a study by the Department of the Army documents what people close to contracting have always known—that it is far more expensive to contract with a private firm for work than to have Federal employees do it. Logically, the government incurs additional items of cost when replacing Federal employees with private corporations. First, there is the profit that goes to the firm. Second, there is the firm's overhead which pays for corporate offices, staffs, and CEOs. Third, there are the costs of the contracting and award process and of contract administration and management. Although the worker on a government contract may be paid a little less than a government worker, the cost of the worker is only a third to a half of what the government pays the firm. Thus, replacing government workers with private firms usually costs far more and it is not unusual for it to cost two to three times as much. This paper partly is based on the authors' long experience in the Federal government. It is not based on the organizations in which they are currently employed.     

The Quality of Life from a Child's Perspective

Abstract

During the last decade, both in politics and research methodology there has been an increased interest in listening to children's experiences and viewpoints, as separate and different from their adult carers. In the line with these interests, this article discusses how the quality of life, from a child's perspective, can be sociologically framed, and the relevance this has for people in the social work field. The article begins by clarifying the meaning of talking about quality of life from a child's perspective by reference to the concept of generational order. Next, some methodological experiences and empirical findings regarding quality of life from a child's perspective are briefly reported. This is partly because these experiences and findings by themselves are regarded as relevant for administrative practices and social work regarding children, and partly because they support and have been a source of shaping the sociological frame. Then, on the basis of these experiences and findings, and by adopting a relational social constructionist approach, the quality of life from a child's perspective is framed sociologically. Finally, based on the findings and framing of children's quality of life from a child's perspective some recommendations for social work regarding children are suggested.     

The Truths/Fictions/Traumas of Marikana: Exploring Violence and Trauma in Three Films,The Marikana Massacre: Through The Lens (2013), Miners Shot Down (2014), and Night is Coming: A Threnody for the Victims of Marikana (2014)

ABSTRACT

By exploring three films that centre on the Marikana strikes and killings of 2012, I seek to examine both the representations of violence as trauma, and the trauma of representing violence, within the context of visual, cinematic texts. I position Marikana, and the trauma of Marikana, as both a highly significant moment, and also as representative of deeper social and political traumas and injustices. I ask whether and how these films create a narrative context for this pivotal moment in South African history. I also question the effects of cinematic style and genre in the depictions of trauma and violence. The institutional context in which each film originated and developed is important, and I argue that the audience's expectations of the genre of documentary film also play a significant role in the way in which the films process trauma. I situate my paper in conversation with previous articles by Lucy Graham and Helene Strauss among others, that deal with cinematic portrayals of Marikana. By examining the selected films alongside each other, and through the lens of Decolonial Trauma Studies, I hope to elucidate the ways in which these South African films deal with and work through trauma.