四十九个命案诉讼失败的原因剖析

本文基于公安部刑侦局进行的第三次"剖析命案讲教训"活动,通过对全国各级公安机关上报的近几年四十九份诉讼失败命案卷宗的剖析得出几点教训:一是事实不清,证据不足;二是定性不准确;三是犯罪嫌疑人死亡或者有精神障碍;四是犯罪情节显著轻微,目的是切实提高命案侦办质量.     

心肌炎猝死案例的法医病理学研究

从法医尸检案例中取心肌炎猝死17例进行分析及病理学观察，对心肌炎的分关、心肌炎导致猝死机制进行探讨，认为诱发急性心力衰竭是心肌炎猝死的主要原因。     

中国民族汽车产业保护:失效成因及对策

尽管我国长期时汽车产业采取保护发展措施,但是目前跨国汽车公司掌握合资企业的实际控制权、本土汽车企业创新能力依然薄弱等事实说明,我国对汽车产业的保护未能取得应有成效.政府对国外汽车产品的进口控制不力、过早允许跨国汽车公司投资国内市场、长期对国内民营资本实行进入管制以及过度干预汽车企业的经营管理,是影响保护成效的主要原因.为此,有必要加强国有汽车企业改革,以本土企业竞争促进汽车产业自主发展.     

GENERAL ASSESSMENTS AND THRESHOLDS FOR CHRONIC OFFENDING: AN ENRICHED PARADIGM FOR EXPLAINING CRIME

General assessments refer to individuals’ overall judgment of their standing on broad dimensions that have special relevance for the explanation of crime, such as their overall bond to society or their prospects for success. These assessments are partly a function of the independent variables that are commonly considered in contemporary crime theories and quantitative research. But these standard etiological variables are far from fully determinative of general assessments because individuals differ in how they interpret, weigh, and combine their standing along these variables. The social–psychological factors that affect the subjective judgments underlying general assessments have yet to be theorized in any comprehensive, systematic manner. Nevertheless, we hypothesize that the incorporation of general assessments in models of offending will greatly enhance their explanatory power because these assessments are the most proximate, comprehensive, and personally relevant causes of crime. Moreover, we anticipate that once these assessments reach certain threshold levels, such as the view that bonds to society are severed irreparably or success is beyond reach, they result in a nonlinear jump in the frequency, seriousness, and duration of offending (i.e., chronic offending). A consideration of general assessments and their associated thresholds should therefore substantially improve efforts to explain crime.     

关于根本违约及其与大陆法系相关违约形态的比较研究和思考

根本违约是1980年《联合国国际货物销售合同公约》中正式确立的一种违约形式,通过分析其与英美法系违约形态的渊源,指出它有一个从依条款的重要性为标准到依后果的严重程度为标准的历史演变过程,并对其与大陆法系的相关违约形态的差异进行了辩证分析。     

从监督制度缺失看甲午海战失败的原因

1894年中日甲午海战造成中国北洋水师全军覆没,军事上的失败缘于政治上的腐朽。因为清政府的国家管理制度一片混乱,最高统治者行使权力的行为不受任何监督,对最高统治者以下的权力监督制度形同虚设,人事监督制度十分落后,军队管理监督制度失灵是形成甲午海战中国失败的共同原因。     

A closer look at risk factors for public-private partnerships in Singapore: six case studies

ABSTRACT

Despite its global popularity over the past few decades, the public-private partnership (PPP) has not always led to successful outcomes, due largely to a number of risk factors associated with the projects. To explain how and why PPPs sometimes fail, this study considers the success-failure continuum of Singapore’s recent PPP experience from 2000 to 2019. After taking a critical, close look at the six failed cases, we identify the following latent risk factors: unstable financial capacity during the execution period of a project, force majeure unforeseen problems that arise, a lack of technical and/or financial foresight, poor corporate management (e.g. delays in construction and poor-quality service delivery), and an unfavourable investment environment stemming from the lack of a clear and supportive governance framework. In addition, we find that most risk factors tend to appear during the contract management (pre-operation) and project management (operation) phases. Such risks seem to drive the operational failure and subsequent contract termination of multiple unsuccessful PPPs, simultaneously (and sometimes sequentially) rather than in isolated fashion. All in all, this study offers for policymakers that better risk allocation and proper, mutual coordination between the public and private partners represent essential factors for PPP success.     

Achilles' heels of governance: Critical capacity deficits and their role in governance failures

This article assesses the usefulness of conceptions of policy capacity for understanding policy and governance outcomes. In order to shed light on this issue, it revisits the concept of governance, derives a model of basic governance types and discusses their capacity pre‐requisites. A model of capacity is developed combining competences over three levels of activities with analysis of resource capabilities at each level. This analysis is then applied to the common modes of governance. While each mode requires all types of capacity if it is to match its theoretically optimal potential, most on‐the‐ground modes do not attain their highest potential. Moreover, each mode has a critical type of capacity which serves as its principle vulnerability; its “Achilles' heel.” Without high levels of the requisite capacity, the governance mode is unlikely to perform as expected. While some hybrid modes can serve to supplement or reinforce each other and bridge capacity gaps, other mixed forms may aggravate single mode issues. Switching between modes or adopting hybrid modes is, therefore, a non‐trivial issue in which considerations of capacity issues in general and Achilles' heel capacities in particular should be a central concern.     

Why We Need Postmortem Analysis of Cardiac Implantable Electronic Devices

The prevalence of cardiac implantable electronic devices (CIEDs), pacemakers and implantable cardioverter defibrillators (ICDs) is increasing. However, postmortem analysis of CIEDs is not performed routinely. Fourteen consecutive CIEDs were analyzed. The indication for and date of implantation, technical data, CIED reprogramming, heart rhythm disturbances, patient demographics and medical consultations were investigated. Death during the first year after implantation was seen in 54%, whereof 71% consulted a physician within 10 days before death. The time of death was attributed to a particular day in 29%. There was a relationship between CIEDs and cause/manner of death in 50%. Although limited by a small sample size, this study advocates the routine postmortem CIED analysis for forensic and clinical purposes in selected cases. Patients with CIEDs seem to show an increased risk of death during the first year after implantation. The analysis of CIEDs can be helpful in evaluating the time/cause/manner of death.