对道路交通事故侵权责任归责原则的比较分析

我国关于道路交通事故处理归责原则经历了一个漫长的发展过程,2004年颁布实施的道路交通安全法第76条可以看作是一个阶段性总结,但该条在2007年又被修改。前者以无过失责任为基础,后者则根据我国发展现状、借鉴国际通行的多元化规则体系,对原第76条进行修正。具有一定的进步性,但由于立法者认识的局限,仍存在一定的不足。     

The beginning of university entrepreneurship in Japan: TLOs and bioventures lead the way

Following reforms between 1998 and 2004, Japan’s technology transfer system closely resembles the U.S. Bayh-Dole system. Numbers of TLO patents and licenses and numbers of startups are respectable compared to U.S. numbers shortly after enactment of Bayh-Dole. However, capabilities of TLOs vary, average royalties are low, and business prospects for most startups seem limited. In contrast, joint research with companies is increasing rapidly. Most joint research inventions are jointly owned giving the companies an automatic de facto, non-transferable, royalty-free and license. Data from one university show a large proportion of engineering and materials/chemistry inventions are attributed to joint research with large companies, thus limiting opportunities for startup formation and licensing to other small companies. (In biomedicine, pre-emption of discoveries by joint research is less.) Pre-emption of university discoveries (often publicly funded) under joint research agreements recreates the pre-reform system, where corporate donations also enabled pre-emption of discoveries. Like the old system, the new system is advantageous to established companies. Strengthening the formal system (including programs to assist startups) may redress this balance and give Japan the benefits of both types of technology transfer systems.

The use of seclusion in the Netherlands compared to countries in and outside Europe

The use of seclusion in psychiatric practice is a contentious issue in the Netherlands as well as other countries in and outside Europe. The aim of this study is to describe Dutch seclusion data and compare these with data on other countries, derived from the literature. An extensive search revealed only 11 articles containing seclusion rates of regions or whole countries either in Europe, Australia or the United States. Dutch seclusion rates were calculated from a governmental database and from a database covering twelve General Psychiatric Hospitals in the Netherlands. According to the hospitals database, on average one in four hospitalized patients experienced a seclusion episode. The mean duration according to the governmental database is a staggering 16 days. Both numbers seem much higher than comparable numbers in other countries. However, different definitions, inconsistent methods of registration, different methods of data collection and an inconsistent expression of the seclusion use in rates limit comparisons of the rates found in the reviewed studies with the data gathered in the current study. Suggestions are made to improve data collection, to enable better comparisons.     

从江占里侗族生育习俗的文化价值理念及其与汉族的比较

从江占里侗族具有生育控制和人口控制的传统,长期以来人口基数保持不变,性别保持平衡,能做到这一点,除了医药技术支撑因素外,主要是建立了“人与人”、“人与自然”相互和谐及其相互影响的价值观念。其生育文化理念相较汉族的文化传统而言具有优越性和现代利用价值。     

Model verification for population detection of counterfeits

The quality of counterfeit items has increased dramatically, with modern global manufacturing being able to duplicate the materials, construction, and visual features of items. Detection of fraudulent coinage can parallel authentication of food, beverages, and manufactured goods by studying product-inherent features. Counterfeit detection is performed by comparing an Example group with a Questioned group. A model is developed for both groups using standard tests on individual pieces. Coin weight is used here as an illustration. The model should also follow the natural science of the system. In this case, the manufacturing process variation is known and steady, and the underlying distribution is known or can be determined from authentic pieces. The proposed detection method uses testing of many individual pieces, then using reverse-quality-engineering methods to identify possible sources. This strategy looks at the variation between individual pieces to determine the process capability of a machine, assembly line, or plant to create product consistency for a manufacturer. Fraudulent items may be manufactured within specification, but demonstrate a manufacturing process capability different than that of the authentic manufacturer. In this report, we examine the model previously reported and use reconstruction techniques to re-create the evidence set to validate the model, increase model accuracy, and confirm the conclusion previously reached, showing that the Questioned set is likely over 37% non-conforming by weight. In this case, the decision outcome of the analysis was improved by using additional methods not included in the modeling software package originally used.     

Comparing Central City Finances Using Fiscally Standardized Cities

Abstract

Because fiscal institutions and arrangements differ widely across US cities, it has until now been very difficult to conduct comparative analysis of spending, revenues, and debt in US cities. This paper describes a new city fiscal dataset, called fiscally standardized cities (FiSCs), that directly addresses the varying roles of municipal governments, counties, school districts, and special districts in the financing of central cities. By taking systematic account of fiscal data for all the major units of government in large cities over a long time period (1977–2012), the FiSC data permit investigation of a wide range of important comparative policy issues for cities. The article describes the methodology used to construct FiSCs, and gives a number of examples to illustrate the potential uses of the FiSC data. For example, it shows how spending comparisons between cities can be fundamentally misleading unless account is taken of the varying roles of overlapping governmental units. It also demonstrates how the FiSC data can be used to benchmark fiscal data for one city against comparable cities.     

How and why capitalisms differ

Abstract

The variety of capitalism school (VOC) and regulation theory (TR) are both analyses of the diversity of contemporary national economies. If VOC challenges the primacy of liberal market economies (LME) and stresses the existence of an alternative form, i.e. coordinated market economies (CME), TR starts from a long-term analysis of the transformation of capitalism in order to search for alternatives to the Fordist regime that emerged after the post-Second World War era. Both approaches make intensive use of international comparisons, challenge the role of market as the exclusive coordinating mechanism, and raise doubts about the existence of a ‘one best way’ for capitalism. Finally, they stress that globalization does deepen the competitive advantage associated with each institutional architecture. Nevertheless, their methodology differs: VOC stresses private firm governance, whereas TR considers the primacy of systemic and macroeconomic coherence. Whereas for VOC there exist only LME and CME, TR recurrently finds at least four brands of capitalism: market-led, meso-corporatist, social democrat and State-led. VOC seems to consider that the long-term stability of each capitalism can be challenged only by external shocks, but TR stresses the fact that the very success of a regulation mode ends up in a structural crisis, largely endogenous.     

人性化的监狱管理与刑罚执行监督

刑罚执行是实现刑罚功能的最后程序,对刑罚执行进行监督是检察机关行使法律监督权的重要组成部分,在确保刑罚执行的合法、合理、高效以及维护罪犯的人权和合法权益等方面具有不可忽视的作用.在介绍英国对监狱的日常监管活动如何进行有效监督的基础上,结合我国的实际情况,探讨了在当前的立法框架下如何对刑罚执行监督的主要活动进行经常性的、有成效的监督.     

Reference ballistic imaging database performance

Ballistic imaging databases allow law enforcement to link recovered cartridge cases to other crime scenes and to firearms. The success of these databases has led many to propose that all firearms in circulation be entered into a reference ballistic image database (RBID). To assess the performance of an RBID, we fired 4200 cartridge cases from 600 9 mm Para Sig Sauer model P226 series pistols. Each pistol fired two Remington cartridges, one of which was imaged in the RBID, and five additional cartridges, consisting of Federal, Speer, Winchester, Wolf, and CCI brands. Randomly selected samples from the second series of Remington cartridge cases and from the five additional brands were then correlated against the RBID. Of the 32 cartridges of the same make correlated against the RBID, 72% ranked in the top 10 positions. Likewise, of the 160 cartridges of the five different brands correlated against the database, 21% ranked in the top 10 positions. Generally, the ranking position increased as the size of the RBID increased. We obtained similar results when we expanded the RBID to include firearms with the same class characteristics for breech face marks, firing pin impressions, and extractor marks. The results of our six queries against the RBID indicate that a reference ballistics image database of new guns is currently fraught with too many difficulties to be an effective and efficient law enforcement tool.