商品房地下室权属法律问题研究

在人们住房空间极其紧张的情况下,《物权法》未对与商品房业主福祉关系密切的商品房地下室所有权做出明确判定,而人们对于物权的概念也存在一些误解,围绕其产生的许多纠纷也不断见诸报端。对商品房地下室中规划属于人防工程部分,一般认为属于国有,事实上,人防资产并不等同于国防资产,承认其非国有性并不影响其人防使用功能,简单地将其归为国有,不可避免地将置《人民防空国有资产管理规定》于违背宪法和立法法的尴尬境地,应根据谁投资,谁受益的原则确认其权利归属。其他部分地下室,依据地下室建设成本是否纳入销售价格,将其作为地下室权属判断标准,是使用经济学的观点来代替法律的推理,而将商品房地下室一概纳入商品房面积公摊范围是没有根据的,但对于已经纳入面积公摊范围的,应确认其业主共有权。     

航空国际私法领域中弱者利益保护问题初探

21世纪国际航空运输已成为各国人员和货物流动的主要方式,一旦发生航空事故常常伴随着机毁人亡的灾难性后果。作为消费者的旅客和托运人这一弱势群体利益的保护和救济便成为人们关注的焦点和司法实践的主要问题之一。本文主要对航空私法领域中弱者利益保护的必要性、保护的方法和公约的立法方面作初步探讨。     

The Forward Specialization Coefficient: Distributional Properties and Subgroup Differences

For both public policy and theoretical reasons, criminologists have been interested in the degree to which criminal offenders specialize in particular crimes. Traditionally, offense specialization has been measured with the forward specialization coefficient (FSC). Recently, the FSC has been criticized for being interpretationally obtuse and having no known sampling distribution. In this paper we examine both the interpretational and the statistical properties of the FSC. We conclude that (1) it has an intuitive interpretation that is no less useful than either a standard correlation coefficient or its competitors, (2) its sampling distribution is approximately normal, and (3) the conventional formula for the estimated standard error of the FSC may underestimate the true standard error in some circumstances. With these results behind us, we propose and illustrate both a parametric statistical test for the difference between two independent FSCs and two nonparametric alternatives.     

陕西产业结构变迁对就业的影响分析

产业结构是生产要素在产业部门之间的分配状况及关联方式,它决定了一个国家或地区的经济增长状况,尤其是决定了就业结构的状况。陕西产业结构从整体上讲正朝着合理的方向发展,但就业结构的变动明显滞后于产业结构,并且二者发展不平衡。为了缓解就业形势,陕西应在保证国民经济快速增长的同时,保持第一产业的基础地位,巩固第二产业的支柱地位,积极和大力发展第三产业,调整就业结构。     

Retrograde venous cerebral air embolism from disconnected central venous catheter: an experimental model

There are few reported cases of death attributed to retrograde cerebral air embolism from central venous catheter. The pathophysiological mechanism and the necessary conditions are not fully understood, also because of missing experimental data. We performed experimental simulation while working on a possible case of retrograde cerebral air embolism. A hermetic system consisting of two containers connected to each other and to an electric pump by means of rubber hoses was built. In this system, a fluid (water and blood) could continuously flow under conditions similar to those of the common jugular vein. The part of the system representing the jugular vein could be freely positioned at angles between 0 and 90°. A central venous catheter was inserted into this part. After disconnection, the behavior of the air bubbles entering the hose through the tip of the catheter was evaluated at different positions. At angles between 0 and 45°, the air bubbles followed the fluid flow. At angles >45°, the air bubbles showed the tendency to flow upstream; this phenomenon was more evident the more vertically the hose was located. We were able to demonstrate that a retrograde air embolism can be caused by a disconnected catheter and is even more likely if the neck is in a vertical position.     

Towards a Realignment of the Mind: Compass Lecture,Commonwealth Club,London, 10 February 2011

Britain urgently needs a national conversation about the economic, political and moral predicament it now faces. It should start with the economic crisis of 2008–09. Keynesians and neoliberals alike still seek to return to pre‐crisis business as usual, albeit with modifications. But the untamed capitalism that came to grief in 2008 had three major flaws. First, it undermined the public domain of equity, citizenship and civic virtue, whose creation was one of the great achievements of the late‐nineteenth and early‐twentieth centuries, exposing it to invasion by the market domain. Second, it led to a remorseless rise in inequality of resources and life chances, rendering British society one of the most dysfunctional in Europe. Third, it encouraged the emergence of a debased form of democracy, best called ‘market populism’, that mocks the dream of political equality that lies at the heart of the democratic ideal. Yet growth points of a better society can be detected amidst the gloom. Informal institutions and social movements like London Citizens and the burgeoning environmental movement show that the notion of the public good is still alive. So do the survival of Edmund Burke's communitarianism in the conservative tradition, of John Stuart Mill's social liberalism in the liberal tradition and of ethical socialism in the social‐democratic tradition.     

A statistical methodology for the comparison of blue gel pen inks analyzed by laser desorption/ionization mass spectrometry

A statistical methodology for the objective comparison of LDI-MS mass spectra of blue gel pen inks was evaluated. Thirty-three blue gel pen inks previously studied by RAMAN were analyzed directly on the paper using both positive and negative mode. The obtained mass spectra were first compared using relative areas of selected peaks using the Pearson correlation coefficient and the Euclidean distance. Intra-variability among results from one ink and inter-variability between results from different inks were compared in order to choose a differentiation threshold minimizing the rate of false negative (i.e. avoiding false differentiation of the inks). This yielded a discriminating power of up to 77% for analysis made in the negative mode. The whole mass spectra were then compared using the same methodology, allowing for a better DP in the negative mode of 92% using the Pearson correlation on standardized data. The positive mode results generally yielded a lower differential power (DP) than the negative mode due to a higher intra-variability compared to the inter-variability in the mass spectra of the ink samples.     

南京国民政府空军建设的原因分析

南京国民政府建立后,一方面内部面临地方实力派空军不断发展的压力,另一方面中国共产党领导的革命力量也在不断壮大,使国民政府如芒在背。外部日本军事力量的发展,特别是1932年淞沪战役中中方空军的绝对劣势,都使南京国民政府迫切需要一支强大的空军,对内结束分裂局面,对外加强国防,抵御外侮。     

我国大气污染防治中的公众参与

大气污染防治是环境保护工作的一项重要内容。公众参与大气污染防治具有重要的作用。要充分发挥其作用须具备一定的条件、采取适应的方式,还需要法律保障。