国内法与国际商法的渊源关系

国际商法是国际法的一个分支学科,一般认为其渊源是国际商事条约和国际商事惯例。对国内法是否为国际商法的渊源问题,理论界的论著不多,且存在分歧。     

对重点单位安全保卫工作的思考

重点单位历来就是保卫工作的重中之重。当前重点单位案件多发,暴露出其安全保卫工作的不足。对此,当务之急是以贯彻《企业事业单位内部治安保卫条例》为契机,针对保卫工作中遇到的新情况拓展防范思路、挖掘内外潜力,提高保卫工作水平,确保重点单位的安全。     

特定道德义务应是不作为犯罪的作为义务来源

将特定的道德义务作为不作为犯罪的作为义务来源,在司法实践中是可行的。这样不仅能处罚那些违反特定的重大道德义务的行为,而且能通过对违反特定道德义务的行为犯罪化达到提高公民道德水平的目的。     

政府门户网站绩效评估:意义、研究现状与趋势

政府门户网站绩效评估是绩效评估理论在政府电子化建设进程中的具体应用,它是推动行政管理体制改革的一个重要的外部动力,有助于实现透明政府、服务政府、节约型政府和回应性政府的建设.当前,国内外有关评估机构和专家学者从不同方面、不同角度和不同视阈对政府门户网站绩效评估进行了纵深研究,形成了一股方兴未艾的学术潮流.但当前研究的仍存在一些不足,这也为下一步深入研究提高了发挥空间.     

PRNU based source camera attribution for image sets anonymized with patch-match algorithm

Patch-Match is an efficient algorithm used for structural image editing and available as a tool on popular commercial photo-editing software. The tool allows users to insert or remove objects from photos using information from similar scene content. Recently, a modified version of this algorithm was proposed as a counter-measure against Photo-Response Non-Uniformity (PRNU) based Source Camera Identification (SCI). The algorithm can provide anonymity at a great rate (97%) and impede PRNU based SCI without the need of any other information, hence leaving no-known recourse for the PRNU-based SCI. In this paper, we propose a method to identify sources of the Patch-Match-applied images by using randomized subsets of images and the traditional PRNU based SCI methods. We evaluate the proposed method on two forensics scenarios in which an adversary makes use of the Patch-Match algorithm and distorts the PRNU noise pattern in the incriminating images she took with his camera. Our results show that it is possible to link sets of Patch-Match-applied images back to their source camera even in the presence of images that come from unknown cameras. To our best knowledge, the proposed method represents the very first counter-measure against the usage of Patch-Match in the digital forensics literature.     

人民法院的审判依据

人民法院以什么样的规范为审判依据,是事关国家法制统一和宪法体制的重大问题。准确理解审判依据,一方面要从人民法院与其他国家机构的宪法关系、国家主权、法制统一和审判权独立行使的高度,揭示它的概念与特征;另一方面,要从与法的渊源以及法院适用法的比较中界定它的范围。人民法院的审判依据应当仅仅限于法律的层面。在立法、审判和认识中,将行政法规、地方性法规、自治条例和单行条例乃至司法解释、行政规章、公共政策、社会公德和宪法等法的渊源不加分析地视为审判依据的情形,应当尽快得到纠正。     

论民族地区税源与税收收入的背离问题

《中华人民共和国企业所得税法》出台,标志着我国新一轮税收制度改革进入重要阶段。税收制度中的深层次矛盾也日益凸现。其中,税收制度中的税源与税收收入背离问题尤其值得关注。本文以民族地区为视角,研究地区税源与税收收入存在的背离现象,并对这种背离带来的问题进行分析,以之为基础,提出相应的解决思路和政策建议。     

Elite Messages and Source Cues: Moving Beyond Partisanship

According to previous studies, women in the U.S. Congress are often cast by the media and by voters as quite distinct from men, with a unique focus on women's issues and an outsider approach to governing. Contrary to the media's depiction and voters' expectations, however, an analysis of Congressional web sites reveals that women members, just as men in Congress do, portray themselves as having diverse interests and participating zealously in the Washington power struggle. Thus, women's self-presentations on the web do not support the notion that the images proffered by members contribute to media and voter stereotypes of women representatives.     

Criminalistic identification of PGM-containing products of mining and metallurgical companies

In early 1990 s some organized criminal groups started to develop a new field of illegal business, which involved thefts of intermediary products from mining and metal-producing plants in Russia and in the south of Africa. Since local sulfide copper/nickel ores contain certain concentrations of precious and platinum group metals (PGMs), the intermediary products recovered at different stages of metallurgical transformation of these ores are materials of high commercial value. Illicit transportation and refining of these materials in Western Europe and North America has evolved into a large-scale business, where a lot of unlawful revenues are being laundered. The most important tasks in combating this organized crime are as follows: to establish the facts when some PGM-containing semi-products had been received at certain refineries; to carry out the identification of these semi-products; and to prove that these semi-products had been produced by a certain company. As a rule, it is not difficult to establish the identity of a "clean product". However, when a material is a mix of several semi-products or a mix of some semi-product with masking substances, the identification of individual components becomes an extremely complicated task. The purpose of developing the "complex procedure for establishing the nature and source of origin of precious metal-bearing products of mining and metallurgical operations" was to make possible the identification of complex mixes comprised of various metallurgical semi-products. In the complex procedure that we have developed to characterize dispersed materials, distribution of particles by their elemental composition (the so-called "pseudophase" composition) was used instead of mineralogical composition. To determine the "pseudophase" composition by the method of scanning electron microscopy with X-ray spectral microanalysis (SEM-EDX), a representative sample of material containing not less than 1000 particles was analyzed. All microparticles can be divided into several types. Each type is characterized by an association of chemical elements contained. The first stage includes the study of elemental composition by inductively coupled plasma optical emission spectrometry and inductively coupled plasma mass-spectrometry; and the study of phase composition by X-ray diffractometry. The results of each study are compared with data in the Data Base. In case of coincidence with one of the products with respect to all diagnostic features, the type of product and its source of origin are defined accordingly. If the features of the sample under analysis detected by the aforementioned methods do not coincide with any of the product types represented in Data Base, it is necessary to examine elemental composition and morphology of separate particle contained in the substance using SEM-EDX. If some particles characterized by features coinciding with features of particles belonging to any product or products from Data Base are found, this product or a mixture of products is assumed to be present in the composition of the substance under analysis. The assumption that the substance is a mixture can be verified by juxtaposing all previously determined features of the analyzed sample with the features of the pattern mixture (superposition) of the appropriate types of products represented in Data Base. Depending on the results of this verification the corresponding conclusion can be made.     

“市民社会”——西方法治产生的历史根源

西方法治作为一种强势文化,一直倍受关注,然而,究其原因,却意见纷呈,本文以为,西方法治产生的深层根源在于西欧中世纪国家和社会之间的独特社会架构--"市民社会",具体表现为,城市管理为现代民主积累了丰富的管理经验;城市契约开创了民主宪章的先声;市民阶级的形成滋生了现代法制的主体;市民阶级的争权运动确立了现代法律的权威;市民阶级的交往和本性加速了法律形式化的形成.