公司交叉持股监管模式比较研究

交叉持股作为一种资本运作和企业联合的方式,在发展过程中不仅展示了其突出的优越性,也衍生了不能忽视的消极影响.为了兴利除弊,各国法律纷纷予以监管.由于各国在政治、经济、文化等诸多方面的差异,使得它们对于交叉持股的监管大相径庭.我国现行的《公司法》尚未设置直接规范交叉持股的有关制度.本文旨在借鉴国外立法及立足本国国情的基础上,探讨构建一套能够引导交叉持股健康发展的法律制度.     

PULLING BACK THE CURTAIN ON HERITABILITY STUDIES: BIOSOCIAL CRIMINOLOGY IN THE POSTGENOMIC ERA

Unfortunately, the nature‐versus‐nurture debate continues in criminology. Over the past 5 years, the number of heritability studies in criminology has surged. These studies invariably report sizeable heritability estimates (～50 percent) and minimal effects of the so‐called shared environment for crime and related outcomes. Reports of such high heritabilities for such complex social behaviors are surprising, and findings indicating negligible shared environmental influences (usually interpreted to include parenting and community factors) seem implausible given extensive criminological research demonstrating their significance. Importantly, however, the models on which these estimates are based have fatal flaws for complex social behaviors such as crime. Moreover, the goal of heritability studies—partitioning the effects of nature and nurture—is misguided given the bidirectional, interactional relationship among genes, cells, organisms, and environments. This study provides a critique of heritability study methods and assumptions to illuminate the dubious foundations of heritability estimates and questions the rationale and utility of partitioning genetic and environmental effects. After critiquing the major models, we call for an end to heritability studies. We then present what we perceive to be a more useful biosocial research agenda that is consonant with and informed by recent advances in our understanding of gene function and developmental plasticity.     

学习型党组织建设要有“形”有“神”

建设学习型党组织是继承发扬党的重视学习的优良传统、同时借鉴外国学习型组织理论提出来的,反映了我们党面对新形势、新考验的战略思考和远见卓识。学习型党组织建设既要完善学习形式,更要注重学风建设,反对形式主义,为此要改进、创新基层组织建设,使学习效果落实到提高党组织的凝聚力和创新活力上。     

科学技术发展对刑事证据的影响初探

随着科技的发展及其不断深入到人们生活的方方面面,对刑事证据制度的影响越来越大。科技影响了刑事证据制度的变迁;扩大了刑事证据的范围,使越来越多的非自然物进入证据之列;对于收集、固定和保全刑事证据,既提供了新的手段,也提出了新的挑战;同时对于刑事证据的采信规则也产生了影响。从科技的角度研究刑事证据,可以为我国建立完善刑事证据规则奠定理论基础。     

Analysis of Factors of Overpricing in Public Procurement: A Study for Low-performing EU Countries

ABSTRACT

The paper deals with the issue of overpricing of public procurement in low-performing EU countries. It examines a uniquely large sample of public procurement in 11 Central and Eastern European countries. Hierarchical regression is used to analyze the factors that influence public contract. Our results indicate that institutional factors have a greater impact on overpricing than individual decisions by the contracting authority. Our analysis for low-performing EU countries provides interesting results and also draws attention to behavior that is not typical of the better established and more advanced EU countries. Our results are particularly important for public policy in each country, as they show the direction of regulatory action in the field of public procurement. The results introduce a debate on the appropriateness of “one size fits all” regulations within the EU.     

Profiling and imaging of forensic evidence – A pan-European forensic round robin study part 1: Document forgery

The forensic scenario, on which the round robin study was based, simulated a suspected intentional manipulation of a real estate rental agreement consisting of a total of three pages. The aims of this study were to (i) establish the amount and reliability of information extractable from a single type of evidence and to (ii) provide suggestions on the most suitable combination of compatible techniques for a multi-modal imaging approach to forgery detection. To address these aims, seventeen laboratories from sixteen countries were invited to answer the following tasks questions: (i) which printing technique was used? (ii) were the three pages printed with the same printer? (iii) were the three pages made from the same paper? (iv) were the three pages originally stapled? (v) were the headings and signatures written with the same ink? and (vi) were headings and signatures of the same age on all pages? The methods used were classified into the following categories: Optical spectroscopy, including multispectral imaging, smartphone mapping, UV-luminescence and LIBS; Infrared spectroscopy, including Raman and FTIR (micro-)spectroscopy; X-ray spectroscopy, including SEM-EDX, PIXE and XPS; Mass spectrometry, including ICPMS, SIMS, MALDI and LDIMS; Electrostatic imaging, as well as non-imaging methods, such as non-multimodal visual inspection, (micro-)spectroscopy, physical testing and thin layer chromatography. The performance of the techniques was evaluated as the proportion of discriminated sample pairs to all possible sample pairs. For the undiscriminated sample pairs, a distinction was made between undecidability and false positive claims. It was found that none of the methods used were able to solve all tasks completely and/or correctly and that certain methods were a priori judged unsuitable by the laboratories for some tasks. Correct results were generally achieved for the discrimination of printer toners, whereas incorrect results in the discrimination of inks. For the discrimination of paper, solid state analytical methods proved to be superior to mass spectrometric methods. None of the participating laboratories deemed addressing ink age feasible. It was concluded that correct forensic statements can only be achieved by the complementary application of different methods and that the classical approach of round robin studies to send standardised subsamples to the participants is not feasible for a true multimodal approach if the techniques are not available at one location.     

A Criminal Career Study of the Continuity and Discontinuity of Sex Offending during the Adolescence-Adulthood Transition: A Prospective Longitudinal Study of Incarcerated Youth

Longitudinal research has seriously challenged assumptions that juvenile sex offenders (JSO) are characterized by high level of dangerousness, mental health problems, and crime specialization in sex offenses. The current study examines the longitudinal pattern of offending among a sample of JSO and a sample of juvenile nonsex offenders. The research design includes longitudinal data over a nine-year period allowing the examination of offending patterns and the crime mix from age 12 to age 23. The findings highlight that, while JSO are prone to persist offending in adulthood, there is limited continuity of sex offending. Further, the findings stress the importance of taking into account nonsexual juvenile delinquency, more specifically, youth violence, to make a better assessment of early adult offending outcomes of JSO.     

强奸案件证据标准与证明方法的实证分析

强奸案件的证据采信问题在司法实践中颇受争议,出现这种现象的主要原因在于其直接证据的稀缺。针对强奸案件的证据收集和运用中所存在一系列的疑难情形,司法机关不必追求证据之间无任何矛盾,而要从全案证据出发,采取"自由心证"与"相互印证"相结合的证明方法,并运用对质制度,做到完整证据链条支持下的内心确认即可。     

国内关于公务员压力问题的研究述评

随着社会竞争的加剧,生活节奏的加快,人们承受的压力也越来越大,近些年来公务员作为一个特殊群体其压力问题也受到学术界的关注。学者从压力源、影响压力大小的因素,如何应对压力等几个方面对此进行了定性和定量研究,取得了一定的成果,但由于公务员压力问题研究刚刚起步,还有许多方面有待完善。