集团诉讼制度的价值研究——兼评我国的代表人诉讼制度

价值是反映主体与客体之间需要和满足需要的效应关系的范畴,是深刻认识集团诉讼制度的良好视角和工具.集团诉讼价值是法律价值、民事诉讼价值下位的概念.集团诉讼制度的独特品性在于克服集体行动的障碍,共通性在于体现了在新的社会条件下民事诉讼目的论的发展.     

Metrological framework for selecting morphological characters to identify species and estimate developmental maturity of forensically significant insect specimens

Accurate age estimates of immature necrophagous insects associated with a human or animal body can provide evidence of how long the body has been dead. These estimates are based on species-specific details of the insects’ aging processes, and therefore require accurate species identification and developmental stage estimation. Many professionals who produce or use identified organisms as forensic evidence have little training in taxonomy or metrology, and appreciate the availability of formalized principles and standards for biological identification. Taxonomic identifications are usually most readily and economically made using categorical and qualitative morphological characters, but it may be necessary to use less convenient and potentially more ambiguous characters that are continuous and quantitative if two candidate species are closely related, or if identifying developmental stages within a species. Characters should be selected by criteria such as taxonomic specificity and metrological repeatability and relative error. We propose such a hierarchical framework, critique various measurements of immature insects, and suggest some standard approaches to determine the reliability of organismal identifications and measurements in estimating postmortem intervals. Relevant criteria for good characters include high repeatability (including low scope for ambiguity or parallax effects), pronounced discreteness, and small relative error in measurements. These same principles apply to individuation of unique objects in general.

Key points

• Metrological rigour can increase in forensic entomology by selecting measurements based on their metrological qualities.
• Selection of high-quality features for morphological identification of organisms should consider these criteria: (1) pronounced discreteness of features (minimising group overlap or maximizing interval); (2) high repeatability of assessment (such as symmetrical width rather than asymmetrical length); (3) small relative error in measurement (selecting the physically largest continuous rigid feature for measurement).
• These metrological principles also apply to individuation of unique objects in general.

     

破产企业单位社区再造的治理路径研究——以成都市L社区为例

社会基层治理是国家治理的微观基础,城市社区是社会的基本单元.我国城市单位社区是城市社区的重要组成部分,因地制宜探索城市单位社区治理模式有利于完善城市社区建设、健全社会治理体制、提升国家治理能力.成都市L社区为破产企业单位社区,其治理以党建引领为核心,以共建共治共享为导向,以社区再造为路径,形成了"党委领导、政府负责、社...     

Postmortem chest computed tomography for the diagnosis of drowning:a feasibility study

It may be difficult to distinguish the cause of death in drowning cases without specific findings. The aim of this study was to explore the forensic value of thoracic postmortem computed tomography (PMCT) using routine images and three-dimensional (3D) image reconstructions. The imaging data of PMCT examinations of six drowning cadavers, aged 21–54 years, were analyzed. Twelve victims of sudden death from coronary artery disease (CAD) were chosen as a control group. After 3D bilateral lung images were reconstructed using image processing software, an interactive medical image control system was used to measure and analyze parameters including lung volume, lung volume ratio, mean CT value of the whole lung, and lung CT value distribution curves. Lung volume and lung volume ratio were used to assess the shape changes of the lung. Lung CT value distribution curves showed the corresponding number of pixels of the different CT values in the lung image. Lung volume was not significantly larger in drowning cases (mean 2 958 cm³) than in controls (mean 2 342 cm³). Lung volume ratio values in the drowning group (mean 0.3156) were greater than those in the control group (mean 0.2763); (P = 0.02). There was no significant difference between the drowning and control group in the mean CT value of the whole lung. There were differences between lung CT value distribution curves in drowning victims and controls, with drowning victims showing a single peak and CAD cases showing a bimodal distribution. Thoracic PMCT is helpful for the forensic medical diagnosis of drowning. Lung volume ratio and lung CT value distribution are potential indicators to distinguish between drowning and CAD.     

建构非对称竞争优势的尝试:俄罗斯人工智能治理体系的结构与逻辑解析

俄罗斯人工智能治理体系的外在形态是“一体两翼”式的政策网络,以《2030年前俄罗斯联邦国家人工智能发展战略》作为基本战略构想,以数字经济框架内的人工智能“路线图”和人工智能联邦项目建构发展议程,以《2024年前俄罗斯人工智能和机器人技术领域监管发展构想》为核心确立监管议程。而俄罗斯人工智能治理体系的实体结构则表现为在联邦政府统一领导下的二元平行系统运作模式,由国防部担任操盘手的军事人工智能板块已经建立了完整的闭环系统,而以俄罗斯联邦储蓄银行为主要操盘手的民用人工智能板块的运行机制仍有待进一步完善。特殊的治理体系源于俄罗斯人工智能战略的底层逻辑,是俄罗斯政府面对战略目标与现实困境巨大鸿沟所做出的现实抉择,这种剑走偏锋的设计虽然取得了部分短期成果,但并未实际解决制约俄罗斯人工智能发展的关键问题,能否走出一条人工智能发展的“俄罗斯道路”仍有待观察。     

全面建成小康社会的“制度密码”——庆祝中国共产党成立100周年

2020年是实现全面精准脱贫和全面建成小康社会的收官之年,是中国共产党实现第一个百年奋斗目标的关键之年,也是执政党兑现向人民做出的庄严承诺之年。脱贫攻坚是执政党治国理政的头等大事,民生发展彰显制度体系和治理体系的强劲优势,全面建成小康社会是实现中华民族伟大复兴的坚实基础。制度体系是全面建成小康社会的根本支撑,需要构建精...     

Long-term consequences of being placed in disciplinary segregation†

Being placed in restrictive housing is considered one of the most devastating experiences a human can endure, yet a scant amount of research has been conducted to test how this experience affects core indicators of prisoner reentry such as employment and recidivism. In this article, we use Danish registry data, which allow for us to link penal conditions to postrelease outcomes, to show how the reentry outcomes of individuals placed in disciplinary segregation, which is placement in restrictive housing because of disciplinary infractions, compare with those sanctioned for in-prison offenses but not placed in segregation. The results from matched difference-in-differences analyses show that Danish inmates placed in disciplinary segregation experience larger drops in employment and larger increases in the risk of being convicted of a new crime in the 3 years after release from a correctional facility than do Danish inmates who were sanctioned for a serious offense but not placed in disciplinary segregation as a result. Because being placed in disciplinary segregation, and restrictive housing more broadly, is so common, these results indicate that restrictive housing placement may be a key moderator of the effects of incarceration that merits more attention from criminologists, provided the associations shown here represent causal effects and generalize.     

Sample Mining and Data Mining: Combined Real-Time and Retrospective Approaches for the Identification of Emerging Novel Psychoactive Substances

Novel psychoactive substances (NPS) are synthetic drugs that pose serious public health and safety concerns. A multitude of NPS have been identified in the United States, often implicated in forensic investigations. The most common and effective manner for identifying NPS is by use of mass spectrometry and the true utility lies within nontargeted acquisition techniques. During this study, a liquid chromatography quadrupole time-of-flight mass spectrometry (LC-QTOF-MS) assay was developed, validated, and implemented for forensic toxicology testing. A SCIEX TripleTOF™ 5600 + with SWATH^® acquisition was used. Resulting data were compared against an extensive library database containing more than 800 compounds. The LC-QTOF-MS assay was applied to the reanalysis of biological sample extracts to discover emergent NPS. More than 3,000 sample extracts were analyzed, and more than 20 emerging NPS were detected for the first time. Among these were isopropyl-U-47700, 3,4-methylenedioxy-U-47700, fluorofuranylfentanyl, N-methyl norfentanyl, 2F-deschloroketamine, 3,4-methylenedioxy-alpha-PHP, eutylone, and N-ethyl hexedrone.     

The Governance of Cross-Border Data Flows in Trade Agreements: Is the Cptpp Framework an Ideal Way Out?

The regulations of cross-border data flows is a growing challenge for the international community. International trade agreements, however, appear to be pioneering legal methods to cope, as they have grappled with this issue since the 1990s. The World Trade Organization (WTO) rules system offers a partial solution under the General Agreement on Trade in Services (GATS), which covers aspects related to cross-border data flows. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the United States-Mexico-Canada Agreement (USMCA) have also been perceived to provide forward-looking resolutions. In this context, this article analyzes why a resolution to this issue may be illusory. While they regulate cross-border data flows in various ways, the structure and wording of exception articles of both the CPTPP and USMCA have the potential to pose significant challenges to the international legal system. The new system, attempting to weigh societal values and economic development, is imbalanced, often valuing free trade more than individual online privacy and cybersecurity. Furthermore, the inclusion of poison-pill clauses is, by nature, antithetical to cooperation. Thus, for the international community generally, and China in particular, cross-border data flows would best be regulated under the WTO-centered multilateral trade law system.     

基层自治制度的理论阐述与路径选择

健全充满活力的基层群众自治制度,着力推进基层直接民主制度化、规范化、程序化是党的十九届四中全会决定的要求。通过开展基层社会治理体系和治理能力现代化研究,探索建立"自治、法治、德治"相结合的现代基层治理体系,加快形成共建共治共享的现代基层社会治理新格局。面对地方治理需求侧(社会公民的期望)与地方治理供给侧(地方政府能力)之间的落差,应摒弃地方政府与基层组织二元对立模式,建立全新的"分权、互动"基层自治的理论分析框架,将多元主体纳入地方治理体系来共同履行公共职责。通过借鉴国外的经验并经过创造性转化,为基层自治提供包括培养自治能力、培育自治组织、强化城乡社区自治协商、衔接居民自治与村民自治在内的充分而有效的制度供给。