基于环境的管制措施与间接征收的冲突和协调

晚近处理间接征收的国际实践中,政府的环境管制措施未作为例外对待。环境征收措施基于企业社会责任、污染者负担原则、治安权例外、条约义务、预防原则、国家环境义务优先的理由应具有不予补偿的合法性。我国投资协定间接征收条款中对环境例外应予明确规定,并细化具体判断标准。     

小反刍兽疫病毒N蛋白主要抗原区域的原核表达及间接ELISA检测方法的建立

为了建立可特异性地检测血清中抗小反刍兽疫病毒(PRRV)抗体的方法,对具有小反刍兽疫病毒特异性的N蛋白第Ⅳ区域进行扩增,并克隆至原核表达载体pET-32a(+)中,用于小反刍兽疫病毒N亚单位重组蛋白的表达。用纯化的重组蛋白作为检测抗原,建立了检测血清中抗小反刍兽疫病毒抗体的间接ELISA方法,并对该间接ELISA的抗原包被量、血清稀释倍数、血清孵育时间等反应条件进行了优化。Western-blot分析结果表明,重组蛋白具有良好的反应原性。所建立的间接ELISA方法可以鉴别血清中的小反刍兽疫病毒抗体和牛瘟病毒抗体,具有良好的特异性和灵敏性,与标准竞争ELISA试剂盒的符合率达98.4%。证实,本研究建立的检测血清中抗PPRV抗体的间接ELISA方法具有良好的特异性和灵敏性。     

International Mediation and Social Networks: The Importance of Indirect Ties

This study extends the previous literature on actors' incentives in conflict management by examining how direct and indirect links between fighting parties influence the prospects for mediation onset from a social network perspective. The paper argues, contrary to existing research, that direct links, i.e., bilateral ties between warring parties, do not notably increase the likelihood of mediation. Rather, indirect links, i.e., ties that connect two states via one or more than one third party to each other, are more likely to determine whether a conflict sees mediation. Although direct links can indicate mutual interests, shared preferences, and decreased uncertainty between the warring parties, these ties either lose importance or become cut off when states enter a conflict. By contrast, indirect ties create a social network that involves outside parties in the dispute process, and indirect ties increase the exchange of information between belligerents and potential mediators and the chances that third parties will have a vital interest in intervention. My empirical analysis using conflict and social network data in 1946–1995 provides strong support for the theory.     

Comparison between Temperature Gradient Gel Electrophoresis of Bacterial 16S rDNA and Diatom Test for Diagnosis of Drowning

When a body is discovered in water, it is difficult to conclude whether the cause of death was drowning, even today. Although diatom testing by the digestive method is classical, we hypothesized that aquatic bacteria, as well as diatoms, might be detected in drowned bodies, and conducted temperature gradient gel electrophoresis (TGGE)‐targeting 16S rDNA. DNA was extracted from the site water, and from heart blood and liver samples from 27 bodies concluded as drowning deaths by autopsy and subjected to TGGE after amplification of 16S rDNA by polymerase chain reaction. We observed whether the feature point of each 16S rDNA from the site water and blood or liver samples matched. Considerably higher correspondence was observed in drowned bodies, and the rate was higher than that achieved with the digestive method. Moreover, TGGE is safer than the digestive method. Our study suggests that this method can aid diagnosis of drowning.     

X‐ray Diffraction and Rietveld Refinement in Deferrified Clays for Forensic Science

Soil vestiges might provide information about a crime scene. The Rietveld method with X‐ray diffraction data (RM‐XRD) is a nondestructive technique that makes it possible to characterize minerals present in the soils. Soil clays from the metropolitan region of Curitiba (Brazil) were submitted to DCB treatment and analyzed using XRD with CuK_α radiation in the step‐scan mode (0.02° 2θ/5 s). The GSAS+EXPGUI software was used for RM refinement. The RM‐XRD results, together with the principal component analysis (PCA) (52.6% total variance), showed the kaolinite predominance in most analyzed samples and the highest quartz contents in “site 1.” Higher anatase, and gibbsite and muscovite contents influenced discrimination, mainly in “site 3” and “site 1,” respectively. These results were enough to discriminate clays of four sites and two horizons using a reduced amount of sample showing that the technique can be applied to the investigation into soil vestiges.     

应用Pixel法测量平面内非直线长度的法医学研究

目的探寻一种法医鉴定工作中测量平面内非直线长度的方法。方法精确切断长度不同的10根焊接锡丝并读出结果作为对照组(钢尺直接读取法),再分别将这10根长度不同的焊接锡丝任意弯曲,然后用本文研究的方法计算出长度作为Pixel组,并对两组数据进行统计学分析。结果 Pixel方法得出的结果与钢尺读取法直接读出的结果之间的差异不具有统计学意义。结论 Pixel法在测量平面内非直线长度(如瘢痕、创口)上比传统的棉线法有明显优势,计算出来的长度更精确、易操作,使法医学鉴定结论更准确、有说服力,也更能适应诉讼要求,在法医学鉴定中有很好的应用前景。     

The differential demand for indirect rule: evidence from the North Caucasus

Indirect rule is one of the means that central authorities have long employed in hopes of defusing communal conflict and civil war in multicultural societies. Yet very little is known about the appeal of indirect rule among the ruled themselves. Why do people in some places demand more indirect rule and local autonomy, whereas others seem content to be governed directly by rulers of an alien culture? This is a crucial question with important implications for determining the form of governance that is most likely to provide social order in culturally heterogeneous societies. Although much attention has been given to consider the relative costs and benefits of direct versus indirect rule for the central authorities, the other side of the coin – namely, the variable demand for indirect rule among the members of distinctive cultural groups – has hardly been examined with systematic empirical data. This paper presents a theory of the differential demand for indirect rule and offers an initial test of its principal empirical implications using original micro-level data from the North Caucasus region of Russia. The theory's core claim is that the middle class should express the greatest demand for indirect rule, while both the upper and lower classes should prefer more direct rule. The theory therefore predicts that there will be an inverse parabolic relationship between the demand for indirect rule and economic class. The findings are largely consistent with these theoretical expectations.     

案例指导制度下的法律推理及其规则

与制定法传统下的法律推理不同,案例指导制度下的法律推理由法律规则、指导性案例、案件事实以及判决结论四个要素构成。在这种思维模式中,由于对待决案件与指导性案例作出是否同案的判断以及如何形成同判是整个法律推理的论证重点,判定两者是否属于相同案件以及如何作出相同判决的方法自然成为这种法律推理的核心方法。案例指导制度下法律推理的规则主要包括：基本参照规则、实现同案同判的认识规则、断定同案的判断规则、形成同判的约束规则、回归规则以及指导性案例选编的编写规则。上述推理形式和推理规则的系统作用是案例指导制度下法律推理得以正确进行的基础和保障。     

Marriage patterns in 19th-century Vila do Conde: The study of an urban centre in northwest Portugal

This article investigates marital patterns in the urban town of Vila do Conde, northwest Portugal, during the 19th century. The analysis, which is based on the application of the family reconstitution method, reveals differences in marital patterns between rural and urban settlements. It was observed that Vila do Conde displayed different patterns of marriage than those that have often been described for the northwestern region of Portugal, with an emphasis on lower levels of celibacy, as well as lower fertility rates. It was discovered that migration played a very important role in these dynamics. It is a fact that the increasing outflow of male emigrants had a distortion effect on the marriage market. Nevertheless, the influx of in-migrants to the town contributed to alleviate the adult male shortage and resulting gender imbalance, generating lower proportions of celibacy and higher levels of total fertility. Although several important publications have already identified demographic trends in many parishes of the region in focus, few have been concerned with urban parishes. This research aims to contribute to a better understanding of the population dynamics of urban centres in northwest Portugal when set within the context of a number of the structural changes specific to that region and Portugal as a whole in the 19th century.     

The Convention Experience: Between Rhetoric and Participation

Abstract

This article investigates the participation of interest groups in the EU's Constituional Convention and their contribution to the debate on participatory democracy and EU governance. I argue that the constitutional moment prompted interest groups to define their priorities beyond focused policy issues to include wider principles of governance. While the Convention process was more inclusive that any previous treaty reform procedure, its institutional set up was a constraint to improving citizen participation either directly or via interest groups. The Convention reproduced a model of closed elitist politics which did not communicate sufficiently with the citizens, while the role of interest groups was restricted by a Convention designed as a drafting phase in preparation for the real decisive phase during the IGC. Despite the impact of specific domestic contexts, the ‘no’ votes in France and the Netherlands proved that civil society and participation were rhetorical devices deployed during the Convention to gain legitimacy rather than a genuine move towards a more pluralistic EU democracy capable of deploying effective mechanisms of active citizen participation.