定金罚则滥用之禁止——由商品房预售认购书所引发的思考

认购书中的定金纠纷在实际生活中日渐增多,突出表现在开发商借势压人,滥用定金罚则,损害购房人的利益。要正确的适用定金罚则,首先应明确认购书的法律性质。文章从分析认购书的法律性质入手,探讨认购书中定金的性质及定金罚则的适用条件,并提出相应的法律规制措施,以期能规范商品房预售行为,保护消费者的利益。     

MENTORS AND CRIMINAL ACHIEVEMENT*

Much of the research focusing on conventional occupations concludes that mentored individuals are more successful in their careers than those who are not mentored. Early research in criminology made a similar claim. Yet contemporary criminology has all but ignored mentors. We investigate this oversight, drawing on Sutherland's insights on tutelage and criminal maturation and incorporating ideas on human and social capital. We argue that mentors play a key role in their protégés' criminal achievements and examine this hypothesis with data from a recent survey of incarcerated adult male offenders in the Canadian province of Quebec. In this sample, a substantial proportion of respondents reported the presence of an influential individual in their lives who introduced them to a criminal milieu and whom they explicitly regarded as a mentor. After studying the attributes of offenders and their mentors, we develop a causal framework that positions criminal mentor presence within a pathway that leads to greater benefits and lower costs from crime.     

'Dat Var Negressen Walaida Snow'

This essay is about the jazz musician and black variety stage artist Valaida Snow and the years she spent caught in Nazi occcupied Denmark. Despite rumors that she was held in a concentration camp, this essay argues that she may in fact have been shielded from the occupiers by the Danes. This essay argues that a masculinist bias in popular cultural/jazz studies obscures the histories of black women expressive artists and limits theoretical possibilities in the study of performance. It argues that the study of black women performers demands the development of more supple analytical models that attend to the heterogeneity of black expressive forms.     

THE DEVELOPMENT OF SELF‐CONTROL: EXAMINING SELF‐CONTROL THEORY'S STABILITY THESIS*

Research on self‐control theory consistently supports its central prediction that low self‐control significantly affects crime. The theory includes other predictions, however, that have received far less scrutiny. Among these is the argument that self‐control is developed early in childhood and that individual differences emerging then persist over time. The purpose of this study is to provide a rigorous test of the stability thesis. First, we examine the extent of stability and change in self‐control for a national sample of U.S. children age 7 to age 15. Second, we consider whether parenting continues to affect self‐control during adolescence—a period after the point at which self‐control differences should be fixed. The analysis revealed strong absolute and relative stability of self‐control for more than 80 percent of the sample, and this stability emerged in large part as early as age 7. Contradicting the theory was a smaller portion of respondents (roughly 16 percent) who experienced substantial absolute and relative changes in self‐control even after the age of 10. Moreover, parental socialization continued to affect self‐control during adolescence, even after accounting for both prior self‐control and exposure to parental socialization.     

论我国生产者责任延伸制度的完善

生产者责任延伸制度是废弃物管理的重要制度之一,它将生产者对其产品所负的责任延伸到产品生命周期后的废弃物处置阶段。环境成本的内部化、企业的社会责任和环境权理论,是这一制度的理论基础。生产者责任延伸制度的功能,在于促进循环经济的实现,提高产品的综合控制水平,加强对个人环境权益的保护。为了完善这一制度,必须对其基本环节进行合理的设计,建立健全的相关保障制度。     

Detection of visible and latent fingerprints using micro-X-ray fluorescence elemental imaging

Using micro-X-ray fluorescence (MXRF), a novel means of detecting fingerprints was examined in which the prints were imaged based on their elemental composition. MXRF is a nondestructive technique. Although this method requires a priori knowledge about the approximate location of a print, it offers a new and complementary means for detecting fingerprints that are also left pristine for further analysis (including potential DNA extraction) or archiving purposes. Sebaceous fingerprints and those made after perspiring were detected based on elements such as potassium and chlorine present in the print residue. Unique prints were also detected including those containing lotion, saliva, banana, or sunscreen. This proof-of-concept study demonstrates the potential for visualizing fingerprints by MXRF on surfaces that can be problematic using current methods.     

Taphonomy of child-sized remains: a study of scattering and scavenging in Virginia, USA

Child-sized pig carcasses (Sus scrofa) were placed in surface deposit and buried scenarios in a wooded area of Virginia from May 1998 through December 2000, to examine the taphonomic effects of decompositional changes, predator scavenging, and the extent of remains scattering. Changes were observed through on-site examination, charting of remains, and recorded video imaging. Analysis of data revealed that utilization of corpses as food sources by vertebrates was dependent upon invertebrate colonization. Vertebrates avoided feeding on the corpses while invertebrate colonization was active, and would feed before invertebrates successfully colonized a corpse, or would wait until the invertebrate populations migrated away from the corpse. Among vertebrates, there was no apparent succession order for the animals utilizing the remains as a food source. Different vertebrates would feed at different times based upon diurnal or nocturnal predilection. Analysis noted an accidental cooperative relationship between the invertebrates and vertebrates scavenging on the corpses. Certain vertebrates gained access to the internal tissues by utilizing openings in the corpses caused by invertebrate and other vertebrate scavenging. Alternately, carrion-frequenting insects were afforded access to previously inaccessible colonization sites as a result of scavenging vertebrate activities.     

Lead-free primer residues: a qualitative characterization of Winchester WinClean, Remington/UMC LeadLess, Federal BallistiClean, and Speer Lawman CleanFire handgun ammunition

The elemental composition and postfiring residues of several "lead-free" or "nontoxic" centerfire handgun ammunition types currently available to the general public were examined. Offerings from Winchester, Remington/UMC, Federal and Speer were obtained from retail sources in both .45 ACP and 9 mm when possible. A total of 112 postfiring residue samples (SEM pins) were collected at varying distances from the muzzle, at two distances from target and from the shooter's hands. An additional 20 samples were collected by direct ignition of primers. Qualitative determinations were carried out using scanning electron microscopy (SEM)/electron dispersive spectrometry (EDS) analysis. All types tested contained aluminum (Al), silicon (Si), copper (Cu), and zinc (Zn). Most contain traces of sulfur and calcium. Winchester WinClean and Remington LeadLess contained potassium as the principle ingredient. Federal BallistClean contained barium, while Speer Lawman CleanFire contained strontium. In the main, these compared favorably with manufacturers' MSDS publications and patents granted. The characterizations undertaken here will be of use to the forensic electron microscopist as these formulations gain popularity.     

Elemental analysis of human cremains using ICP-OES to classify legitimate and contaminated cremains

The Tri-State Crematory Incident in Nobel, GA (February 2001) revealed limitations in traditional human cremated remains (cremains) analytical methodology. The goal of this study was to develop a method for effectively classifying questionable sets of cremains as legitimate or contaminated. Eighty-eight samples of known human cremains, concrete, mixtures of the two, and questionable sets of cremains were acid digested and analyzed for 21 elements by Inductively Coupled Plasma-Optical Emission Spectroscopy (ICP-OES). Variable cluster and principle component analyses identified the seven elements (Sb, B, Li, Mn, Sr, Tl, and V) used to develop discriminant functions to classify questionable sets into two groups: cremains and concrete. The discriminant analysis shows that at the 0.90 probability level, mixtures of 50% or less human content were classified as concrete. Mixtures with 90% human content classified as cremains. Sixty percent and 75% human content mixtures remained in the questionable classification, but as the concentration of human increased in the mixture, the probability of assignment to the known cremains group increased. Most of the questionable human samples classified as cremains. This is a pilot study and cannot yet satisfy Daubert standards for courtroom admissibility, but it indicates that it is possible to determine the legitimacy of cremains using elemental analysis by ICP-OES coupled with multivariate statistical analysis.     

闽文化在统一战线工作中的作用

文章分析了闽文化的特征及其在统一战线中的作用,并提出了自己的思考建议。