浅议我国行政复议委员会制度改革的困境与出路

为进一步完善行政复议体制,充分发挥行政复议制度作为化解行政争议的主渠道功能,国务院法制办于2008年9月在全国8个省（市）开展了设立行政复议委员会的试点工作。然而行政复议委员会制度改革毕竟在我国仍处于试行阶段,理论基础和体制设计方面的诸多缺陷直接导致其在试行实践中面临着对设置该机构合法性的质疑、对复议申请人自主选择权的限制等诸多困境。但是不可否认的是,行政复议委员会制度为我国行政复议改革开创了很好的先例,也代表着我国行政复议制度前进的方向。因此,有必要针对我国行政复议委员会制度改革的困境进行分析,重新对其进行准确定位和法律的跟进,以期在理想与现实之间寻求恰当定位和出路。     

苏联战俘事务管理机构沿革(1939～1956)

二战期间,苏联俘获大量战俘,战俘的接收、安置、医疗服务、物资供给、劳动、政治教育和遣返等各方面事务均由苏联内务人民委员会战俘和被拘留人员事务管理总局负责。随着战场形势、战俘数量及战俘政策的变化,管理机构的名称、任务、职能、结构和规模均在发生变化。进入上世纪50年代,多数战俘已被遣返,管理局最终于1953年4月20日被撤销,其职能移交给了监狱管理局。在整个关押期间管理局较为重视战俘事务,在苏联国内经济状况好转的同时,战俘的关押条件也在逐渐改善,战俘发病率和死亡率逐年降低,劳动效率不断提高。     

The association of alcohol-induced blackouts and grayouts to blood alcohol concentrations

The primary aim of this study was to investigate the association between measured blood alcohol concentration (BAC) and the presence and degree of amnesia (no amnesia, grayout, or blackout) in actively drinking subjects. A secondary aim was to determine potential factors other than BAC that contribute to the alcohol-induced memory loss. An interview questionnaire was administered to subjects regarding a recent alcohol associated arrest with a documented BAC greater than 0.08 g/dL for either public intoxication, driving under the influence, or under age drinking was administered. Demographic variables collected included drinking history, family history of alcoholism, presence of previous alcohol-related memory loss during a drinking episode, and drinking behavior during the episode. Memory of the drinking episode was evaluated to determine if either an alcohol-induced grayout (partial anterograde amnesia) or blackout (complete anterograde amnesia) occurred. Differences in (1) mean total number of drinks ingested before arrest, (2) gulping of drinks, and (3) BAC at arrest were found for those having blackouts compared with no amnesia; while differences in drinking more than planned were found between the no amnesia and grayout groups. A strong linear relationship between BAC and predicted probability of memory loss, particularly for blackouts was obvious. This finding clinically concludes that subjects with BAC of 310 g/dL or greater have a 0.50 or greater probability of having an alcoholic blackout.     

体内乙醇含量测定结果的法医学评价

近年来涉及酒后行为的案件增多,但对体内乙醇含量及有关问题的系统性描述较少。本文从体内乙醇的分布代谢规律、毒性作用机理及体内生成机制等方面,根据乙醇含量的测定结果从酒后时间、摄入乙醇总量、精神状态与行为能力控制、死亡原因及方式等几方面系统地进行分析,找出其中蕴含的法医学信息,以供同行参考。     

Prevalence and blood concentrations of benzodiazepines and opioids in opioid-positive death investigations in Ontario,Canada, from 2017 to 2021

The aim of this study was to investigate the incidence of benzodiazepines in opioid-positive death investigations, including trends in frequency and combination of drugs, as well as demographic data and blood concentrations, where available. Additionally, naloxone concentrations in polysubstance compared to opioid-only cases were analyzed. This was a retrospective study that consisted of all post-mortem toxicology cases in Ontario, Canada, from January 01, 2017, to December 31, 2021, with an opioid finding in any analyzed autopsy specimen. There were 11,033 death investigations identified. The overall rate of benzodiazepine co-involvement was 54.5%. Males accounted for the majority of cases (71%), and the most affected age group was 30- to 39-year-olds. The most frequently detected opioid was fentanyl and the most frequently detected benzodiazepine was etizolam, which was also the most frequently observed opioid/benzodiazepine combination. Findings related to differences in concentrations of opioids when naloxone was also present were mostly non-significant, except for methadone. The rate of benzodiazepine detection with opioids grew faster than opioid detections overall, potentially due to the increasingly toxic drug supply. Detection of novel psychoactive drugs fluctuated more unpredictably than opioids and benzodiazepines associated with clinical use. These findings can help inform policy decisions by public health agencies in exploring harm reduction efforts, for example, education and drug-checking services.     

Global inequality as one of the root causes of the financial crisis: a suggested explanation

Abstract

The global financial crisis was caused because the volume of toxic assets in the financial system had grown to the point where the system could no longer cope. The dominant view among heterodox economists is that this point of critical mass was reached because of various failures in the financial system. This paper puts the accompanying view that the toxic assets were created largely in response to external pressures, a principle source of which was global inequality: while income inequality was an important factor behind the supply of those assets, wealth concentration was a major factor behind the demand for them. The policy implications of this analysis are that income distribution and wealth ownership have to be more equitably structured if global financial crises are to be avoided in the future. This is not to exclude other proposals for making the financial system more transparent and accountable. The point, rather, is that these proposals are insufficient on their own. No matter how radical the re-structuring of the financial system, as long as there remain external pressures on it to create products or to indulge in practices that are harmful to it, such products and practices will continue to be introduced and financial crises will continue to occur.     

How programmatic profiles of niche parties affect their electoral performance

Previous studies on the electoral performance of niche parties have not fully taken into account the evolutionary aspect of the programmatic profiles of these parties, although the majority of these parties were analysed from when they first came into existence, as new parties. Acknowledging the variation in programmatic profiles between niche parties and over time, the article argues that the electoral effects of nicheness and programmatic concentration as programmatic features of niche parties vary over their lifecycle. When entering the electoral arena, niche parties benefit from high levels of nicheness and programmatic concentration. However, these positive effects decrease as parties grow older and face different challenges to those of their early days. The empirical analysis of green and extreme right parties in this article supports the corresponding hypotheses. Results show that the positive effects of nicheness and programmatic concentration vanish over time and indicate niche parties’ own influence on their electoral destiny.     

Phenibut screening and quantification with liquid chromatography–tandem mass spectrometry and its application to driving cases

An analytical strategy for identification by an LC–MS/MS multitarget screening method and a suitable LC–MS/MS based quantification were developed for the psychotropic drug phenibut. The samples analyzed were collected during traffic control and were associated with driving under the influence of drugs. A positive sample for phenibut was identified in a single case of driving under the influence. The quantification revealed a drug concentration of 1.9 μg/mL. An interaction with blood alcohol (BAC = 0.10%) was discussed as the explanation of the way of driving and deficit manifestations observed (swaying, nystagmus, quivering of the eyelid, and reddened eyes). According to the available information, the quantified phenibut concentration could be explained by an intake of four tablets (self-reported) during the day containing 250 mg of the drug. Chromatography was performed with a Luna 5 μm C18 (2) 100 A, 150 mm × 2 mm analytical column, and a buffer system consisted of 10 mM ammonium acetate and 0.1% acetic acid (v/v) included in mobile phases marked as A (H₂O/methanol = 95/5, v/v) and B (H₂O/methanol = 3/97, v/v). An effective limit of detection (LOD = 0.002 μg/mL) could be achieved for the multitarget screening method. The quantification of phenibut was performed on a second LC–MS/MS system with LOD/LOQ values of 0.22/0.40 μg/mL. Since phenibut quantification data are rare, the presented information can be used with caution for evaluation of positive cases in the future.     

高效液相色谱法测定桔梗多糖对桔梗皂苷D在大鼠体内药物代谢动力学参数的影响

目的 考察桔梗多糖(Platycodon grandiflorum polysaccharides,PGP)对桔梗皂苷D(platycod-in D,PD)在大鼠体内药物代谢动力学参数的影响,为桔梗的临床应用提供实验依据.方法 将24只SD大鼠随机分为PD组,PD+PGP低、中、高剂量组(PD-PGP-L、PD-PGP-M、PD-PGP-H组),灌胃给药后在各时间点眼眦取血,采用高效液相色谱法测定给药后PD的血药浓度变化,由DAS 2.1软件拟合药物代谢动力学参数.结果 与PD组比较,各PD-PGP实验组均显著缩短PD的达峰时间(P<0.05),并显著提高峰浓度(P<0.05)以及药时曲线下面积(P<0.05).结论 PGP能够显著改变PD口服后的药物代谢动力学参数.     

市场竞争导致的银行集中、制度与净利息边际收入

研究银行集中与效率的关系主要有银行集中-管制效率论、银行集中-结构效率论和银行集中-制度效率论三种理论。本文基于面板数据,实证分析了后两种由市场竞争导致的银行集中与效率的理论。结果表明银行集中度与银行效率有显著的正相关关系,控制制度变量后,银行集中度与银行效率仍有显著的正相关关系,但制度变量不显著,银行集中-结构效率论成立。所以,提高银行效率必须改善银行市场结构,调整业务结构和加强银行监管,努力实现市场竞争导致的银行集中,建立防范金融风险的“隔离墙”。