论行政首长出庭制

行政首长坐在被告席上,既是对原告的尊重、对法庭的尊重、对法律精神的尊重,也反映了政府对依法行政和政治文明更深层次的思考和理解。当前,行政首长出庭有其理论依据及现实意义,但也有多方面障碍制约行政首长出庭应诉,系统构建行政首长出庭制显得尤为必要。     

论司法鉴定体制改革应当把握的方向

针对当前社会司法鉴定机构建设在结构与布局方面的缺陷,建议应当坚持以建设公益性鉴定机构为主、营利性鉴定机构为补充的发展方向。针对近期立法和相关解释主张的司法鉴定机构有面向社会服务和面向司法机关服务的两种情形,坚持认为司法鉴定活动只能为诉讼活动服务而非其他,其中社会司法鉴定机构是为三类诉讼活动提供鉴定服务,侦查机关鉴定机构主要是为刑事诉讼的侦查活动服务。针对司法鉴定体制建设这一战略性措施,主张以建立国家级和省部级重点鉴定机构(实验室)命名为宜。     

反腐败应注重发挥社会力量的作用

政府执行力是政府工作的生命力,任何政府都必须重视和提升它的执行力。     

刑事法治视野下热点案件的困境与出路——以许霆案为样本

广州中院一审对许霆案的定罪和量刑有着充分的刑法依据。二审判决很大程度上是司法对民意的屈从。民众意见与司法认定的激烈冲突是当前我国类似热点案件面临的主要困境。公众诉求与法治样态的错位,司法与民众沟通的长期阻隔,以及过分依赖修改法律而不重视解释法律,是造成此种困境的深层原因。回到规范判断,立足法律挖掘案件背后的问题,才是法治视野下应当坚持的理性立场和对热点案件关注的真实回归。     

行政命令与行政处罚程序和谐关系之构建

行政命令与行政处罚是两种不同的具体行政行为,二者在实体上相互区分的同时,在程序上又相互联系,这种联系建立在二者都可针对相对人的违法行为作出的基础上,表现为程序上的排他关系、并行关系或优先关系,其中以命令前置为原则的程序优先关系是一种和谐的程序关系．它不仅体现了执法手段从轻到重的和谐,也体现了行政主体与行政相对人之间的和谐,构建这种和谐的程序关系对保障相对人的合法权益具有重要的意义。     

法律解释视角下的“电脑量刑”

电脑量刑之类的思想很早就有了,限制法官的法律解释活动和视司法为机械的操作活动的思想曾经在西方历史上很盛行,但这种思想最终被证明违反了法律解释原理。根据法律解释原理,司法活动是法官对法律的理解、解释和应用过程,电脑量刑是对这一原理的违背。电脑量刑在我国出现具有其特定的原因,推行下去会对司法活动产生不良的影响。除去对电脑等现代科技的迷信,我们可以利用它们为法官在司法活动中的法律解释服务。     

Effects of Decomposition on Gunshot Wound Characteristics: Under Moderate Temperatures with Insect Activity

Abstract:  Previous studies document characteristics of gunshot wounds shortly after they were inflicted. This study was conducted to determine if the early stages of decomposition obscure or alter the physical surface characteristics of gunshot wounds, thereby affecting the quantity and quality of information retrievable from such evidence. The study was conducted in August and September, 2005 in Nova Scotia, Canada in forested and exposed environments. Recently killed pigs were used as research models and were shot six times each at three different ranges (contact, 2.5 cm, and 1.5 m). Under these test conditions, the gunshot wounds maintained the characteristics unique to each gunshot range and changes that occurred during decomposition were not critical to the interpretation of the evidence. It was concluded that changes due to decomposition under the conditions tested would not affect the collection and interpretation of gunshot wound evidence until the skin was degraded in the late active or advanced decay stage of decomposition.     

ECOLOGICAL NETWORKS AND URBAN CRIME: THE STRUCTURE OF SHARED ROUTINE ACTIVITY LOCATIONS AND NEIGHBORHOOD‐LEVEL INFORMAL CONTROL CAPACITY

By drawing on the work of Jacobs (1961), we hypothesize that public contact among neighborhood residents while engaged in day‐to‐day routines, captured by the aggregate network structure of shared local exposure, is consequential for crime. Neighborhoods in which residents come into contact more extensively in the course of conventional routines will exhibit higher levels of public familiarity, trust, and collective efficacy with implications for the informal social control of crime. We employ the concept of ecological (“eco‐”) networks—networks linking households within neighborhoods through shared activity locations—to formalize the notion of overlapping routines. By using microsimulations of household travel patterns to construct census tract‐level eco‐networks for Columbus, OH, we examine the hypothesis that eco‐network intensity (the probability that households tied through one location in a neighborhood eco‐network will also be tied through another visited location) is negatively associated with tract‐level crime rates (N = 192). Fitted spatial autoregressive models offer evidence that neighborhoods with higher intensity eco‐networks exhibit lower levels of violent and property crime. In contrast, a higher prevalence of nonresident visitors to a given tract is positively associated with property crime. The results of these analyses hold the potential to enrich insight into the ecological processes that shape variation in neighborhood crime.     

Enhancing Community Leadership Negotiation Skills to Build Civic Capacity

Most intra‐ and interorganizational decision making entails negotiations, and even naturally talented negotiators can improve with training. Executive trainings for managers and leadership programs for publicly elected officials, public managers, and nongovernmental organizations frequently include negotiation modules. These efforts, however, have yet to reach community leaders who also need to develop their negotiation skills. We propose that members of disadvantaged low‐income communities who lack educational and economic opportunities, and are less able to advocate for their own interest, need to build and strengthen their civic capacity, including their negotiation skills, to become more effective parties to decisions affecting them. While many professionals and executives have access to training, such opportunities are less accessible to the leaders of these disadvantaged communities. Although such leaders draw from their own heuristic knowledge, skills, and abilities, they could also benefit from sharpening their negotiation skills. We propose that the multidimensional understanding of their community that members accumulate through direct experience is indispensable, nontransferable to outsiders, and not teachable through in‐class activities. Leaders with the ability to leverage knowledge and assets to connect effectively to community insiders as well as to outside people, institutions, and resources, however, possess some specific inherent personality traits as well an understanding of social structures, strategies, and agency, which can be taught and learned. Such skills as how to conduct negotiations around the table and away from it and how to identify community members who can help and how to rally them are also teachable. The cases were chosen to illustrate the knowledge, skills, and abilities (KSAs) that make these leaders effective in and beyond their communities. We highlight those KSAs that we think are teachable in the framework of a negotiation module in community leadership training to enhance civic capacity for community betterment.     

抗菌肽Dermadistinctin串联表达载体的构建及表达产物抗菌活性的鉴定

根据GenBank中Dermadistinctin K(DDK)和Dermadistinctin L(DDL)的氨基酸序列,选择大肠杆菌偏嗜性密码子,采用SOE法合成了DDK和DDL基因.在DDK及DDL基因序列中引入肠激酶裂解位点,并将其依次克隆入pET-32a(+)质粒,构建了串联体融合表达载体P-DDK,并将其转入Rosetta(DE3)中进行融合表达;表达产物在终浓度为0.1 mmol/L IPTG诱导4 h后可达到最大表达量.对重组蛋白DDK进行镍离子亲和层析柱纯化以及肠激酶裂解之后,对酶切产物进行了抑菌活性分析.分析结果表明,抗菌肽DDK与DDL的混合物对金黄色葡萄球菌(Cowan Ⅰ)、大肠杆菌DH5α、致病性大肠杆菌O_1、猪霍乱沙门氏菌、多杀性巴氏杆菌均具有一定的抑菌活性.