比较与借鉴：公诉案件被害人当事人制度研究

我国《刑事诉讼法》将被害人确立为公诉案件当事人,被害人与人民检察院作为“共同原告”履行控诉职能,这在理论和实践中都暴露出许多问题。德国附带诉讼制度允许被害人作为附带诉讼的原告人而非公诉案件本身的当事人参加公诉,具有合理性。我国应借鉴德国的做法,增设刑事第三人制度,让被害人作为刑事第三人参加诉讼,并赋予其相应的诉讼权利,从而有效解决被害人在公诉案件中的参诉问题。     

Übertragung der Einkunftsquelle beim Zuwendungsfruchtgenuss

Beim Zuwendungsfruchtgenuss bezieht der Fruchtnie?er origin?re Einkünfte nur dann, wenn sich die Einr?umung des Fruchtgenusses als übertragung der Einkunftsquelle darstellt. Dies ist für die Fruchtnie?ung an einem Geb?ude, aus dem Einkünfte aus Vermietung und Verpachtung flie?en, ua nur dann der Fall, wenn der Fruchtnie?er auch die ihm obliegenden Lasten tr?gt. Anderenfalls wird nicht die Einkunftsquelle übertragen, sondern werden lediglich die dem Eigentümer zuzurechnenden Einkünfte weitergegeben (Einkommensverwendung).     

Housing Voucher Take‐Up and Labor Market Impacts

Low participation rates in government assistance programs are a major policy concern in the United States. This paper studies take‐up of Section 8 housing vouchers, a program in which take‐up rates are quite low among interested and eligible households. We link 18,109 households in Chicago that were offered vouchers through a lottery to administrative data and study how baseline employment, earnings, public assistance, arrests, residential location, and children's academic performance predict take‐up. Our analysis finds mixed evidence of whether the most disadvantaged or distressed households face the largest barriers to program participation. We also study the causal impact of peer behavior on take‐up by exploiting idiosyncratic variation in the timing of voucher offers. We find that the probability of lease‐up increases with the number of neighbors who recently received voucher offers. Finally, we explore the policy implications of increasing housing voucher take‐up by applying reweighting methods to existing causal impact estimates of voucher receipt. This analysis suggests that greater utilization of vouchers may lead to larger reductions in labor market activity. Differences in take‐up rates across settings may be important to consider when assessing the external validity of studies identifying the effects of public assistance programs.     

When Is Science Used in Science Policy? Examining the Importance of Scientific and Technical Information in National Research Council Reports

A frequent lament among researchers is that public policy makers should pay more attention to scientific and technical information (STI). If there is any single area where one might expect STI to be used in public policy making and agenda setting it is in science and technology policy. Many of the policy makers in science and technology policy are themselves scientists or researchers and presumably would prove especially receptive to STI. However, STI is only one of many types of information used in policy making and policy actors often differ in the extent to which they view STI as credible, particularly compared to other types of potentially policy‐relevant information. Research on credibility (the believability of information, information types, and media) has shown variance and policy makers’ “credibility maps.” Thus, some policy makers have preference for formal information generally and STI specifically, but others privilege raw data, personal experience, authority, history and anecdote, analogical reasoning, or conformance to ideology, to name just a few of the information choices. Here, we build on the current researchers’ previous bibliometrics‐based work and use data from 41 semi‐structured elite interviews with National Research Council (NRC) executives and staff and NRC committee members concerning the use of STI in reports issued by the NRC. Findings show that the use of STI in NRC reports varies according to the nature of the inquiry and the sponsor. Information used in the reports is based on not only the assessed credibility of information but also its perceived direct relevance and the availability of STI as compared to other types of information. In general, the amount of STI in the NRC reports tends to have modest effects on the likelihood that reports will be used in policy making or by the mass media. More important factors include the timing of the report with respect to political agendas, the party requesting the report, and the enacted roles of NRC staff members and committee chairs.     

Renewable Portfolio Standards and Policy Stringency: An Assessment of Implementation and Outcomes

This research examines the impact of increasing the stringency of renewable portfolio standards (RPS) on the consumption of energy produced from renewable sources. Putting prior findings in the context of policy learning, first we focus on technological innovation, factor endowments, and economic energy dependence of American states to track how RPS have proliferated and strengthened. Next, we look at the net effect of this RPS evolution on state fossil fuel energy divestment. To evaluate the interplay between: a) the political desire to lower fossil fuel use, b) technological feasibility to do so, and c) the economic trade‐offs and risks, we focus on the industrial sector dependence on energy security and affordability. Our results indicate that energy security is a priority and even in light of increasing RPS stringency, states with relatively weak but mandatory RPS are leaders in aggregate renewable energy consumption. This fact is due to favoring biofuel and hydro generation rather than solar and wind because of lower deployment costs.     

Politics,Science, and Termination: A Case Study of Water Fluoridation Policy in Calgary in 2011

Policy termination is identified as a rare occurrence and thus difficult to study. However, one policy area, community water fluoridation, has seen an apparent increase in termination in recent years. We examine the specific case of termination in Calgary, Alberta in 2011 with a specific goal to apply Kingdon's Multiple Streams Approach to the policy termination framework. Our findings suggest that of key importance for the termination of water fluoridation was the impending need for an upgrade to the fluoridation infrastructure, the effectiveness of the local anti‐fluoridation activists, the speed of decision making, and a prominent framing of the issue in ethical terms. The opening of a policy window made possible by the 2010 Calgary municipal election, one that introduced a number of new members to council, as well as the presence of a policy entrepreneur who took advantage of the window's opening, were of specific importance to the success of policy termination.     

Big Data and Dahl’s Challenge of Democratic Governance

Big data applications have been acclaimed as potentially transformative for the public sector. But, despite this acclaim, most theory of big data is narrowly focused around technocratic goals. The conceptual frameworks that situate big data within democratic governance systems recognizing the role of citizens are still missing. This paper explores the democratic governance impacts of big data in three policy areas using Robert Dahl’s dimensions of control and autonomy. Key impacts and potential tensions are highlighted. There is evidence of impacts on both dimensions, but the dimensions conflict as well as align in notable ways and focused policy efforts will be needed to find a balance.     

Technology Innovation as a Response to Climate Change: The Case of the Climate Change Emissions Management Corporation of Alberta

Innovation is the central element of climate change policy in many jurisdictions. Reduced to technology development and linked to market‐driven priorities, innovation accommodates the interests of large emitters in the energy sector and underpins a sustainable development discourse that denies ecological limits to economic growth. This study examines the use of innovation as a key component of climate change policy in the case of Alberta's Climate Change Emissions Management Corporation, utilizing a political economy approach to explain the drivers of government funding priorities. An analysis of this technology fund's investments over nine years, under two different governments, revealed that nearly half of the revenue has been used to subsidize R&D in the fossil fuels industry in the name of clean energy development, and that this priority has continued despite recent government commitments under the Paris CoP agreement. The carbon levy system that generates revenue for the fund has been unsuccessful in incentivizing facility reductions, pointing to the need for more stringent regulation. Innovation as a framework for transition to a post‐carbon economy is severely limited by its exclusion of the roles of social knowledge and citizen participation in envisaging and designing paths for change.     

Second‐Order Devolution or Local Activism? Local Air Agencies Revisited

In response to calls from previous scholarship for further bottom‐up examination of local government roles in environmental policy, the authors revisit local air agencies to examine two separate phenomena occurring in environmental federalism: one from the top down (second‐order devolution) and one from the bottom up (local activism). Using survey data from local air agencies on devolved authorities to set air quality standards and to enforce federal and/or state standards, the authors identify three different types of local agencies: state administrative subunits (only enforcement authority), fully devolved agencies (authority to both set and enforce standards), and activist agencies (neither authority). Further findings indicate that state administrative subunits and fully devolved agencies are likely functions of second‐order devolution, while activist agencies are likely functions of local activism. Conclusions suggest that both top‐down and bottom‐up approaches to environmental federalism are shaping local government roles in environmental management.     

Determination of Nicotine,Cotinine and Trans‐3′‐Hydroxycotinine using LC/MS/MS in Forensic Samples of a Nicotine Fatal Case by Oral Ingestion of e‐cigarette Liquid,

Nicotine is a potent neurotoxin alkaloid and is used in e‐cigarette liquid. The LC/MS/MS method was linear over 0.01–1.0 mg/L (r² = 0.992–0.995). Limit of detection and limit of quantitation were 0.001 mg/L (S/N = 3) and 0.003 (S/N = 10). The inaccuracy and imprecision were <13.2%. The recoveries were >99.3%. A 39‐year‐old dentist was found dead lying on the floor under the couch in his dental clinic. The concentration of nicotine, cotinine, and trans‐3′‐hydroxycotinine (heart blood/peripheral blood) was analyzed as follows: 87.2/85.2 mg/L (ratio 1.0), 1.4/1.1 mg/L (ratio 1.3), and 0.012/0.0089 mg/L (ratio 1.3), respectively. The concentration of nicotine was determined to be 6734.8 mg/kg in gastric contents and 7262.0 mg/L in remaining e‐liquid. Only, high concentration of nicotine was detected in the gastric contents as well as the two pieces of evidence collected from the death scene. This fatal case resulted from oral ingestion of e‐cigarette liquid. It is estimated that at least 714 mg of nicotine was orally ingested.