论我国现有化学品环境管理立法

化学品是现代文明社会重要的物质基础,被广泛应用于各个领域.全球化学品产量从1930年的100万吨发展到今天的4亿吨.作为化学品生产和使用的大国,我国市场上流通的化学品数以万计,但是针对现有化学品的环境管理尚处于落后阶段.本文针对我国化学品生产使用与立法管理相脱节的情况,分析了我国现有化学品环境管理立法的必要性和可行性,提出了立法的指导思想和框架,并给出了具体的制度设计,以期使我国现有化学品环境管理尽早实现有法可依,从而达到保护公民身体健康和促进环境无毒的目的.     

Dumb Barter: A Seminal Form of Negotiation

Negotiation requires communication, but not necessarily verbal exchanges. Adjustments can be achieved incrementally by other means. This article will examine how some parties have managed to strike a deal in situations characterized by total distrust and even hostility, asymmetric power relations, major cultural differences, extreme logistical difficulties in reaching the place in which the trade is to be made, and several additional process risks by employing a type of bargaining known as “dumb barter.” This process presents a distinct paradigm with a specific and unique rationale. Sometimes called “silent trade,” it has been observed in many places (especially West Africa) for more than two millennia. It may well be the oldest form of trade negotiation and is still practiced in some parts of the world. An examination of this unlikely but real and effective process can also provide negotiation theorists with some useful insights into the fundamental nature of negotiation.     

阿米巴经营与市场型企业

京瓷公司阿米巴经营取得了极大的成功,其原因在于构建了独特的组织形式与运行机制,即在阿米巴的组织基础上,通过核算机制引入了市场价格,再利用其独特的权威机制来克服企业内部价格机制的不足。这样,使得企业的外部激励内部化,低能激励高能化,从而提高了企业对市场的反应速度与企业的竞争力。我们称这种引入市场机制的企业为市场型企业,但我们也发现,随着企业的增大,企业内部的价格机制就越难以发挥作用,故阿米巴经营也有它的局限性。     

A simulation for exploring the effects of the "trait list" method's subjectivity on consistency and accuracy of ancestry estimations

The nonmetric "trait list" methodology is widely used for estimating ancestry of skeletal remains. However, the effects of the method's embedded subjectivity on subsequent accuracy and consistency are largely unknown. We develop a mathematical simulation to test whether variation in the application of the "trait list" method alters the ancestry estimation for a given case. Our simulation explores how variations in (i) trait selection, (ii) number of traits employed, and (iii) ancestry choice thresholds affect the ancestry estimation of an unidentified skeleton. Using two temporally and geographically diverse samples, the simulation demonstrates that trait selection, trait quantity, threshold choices, and the exclusion of high-frequency traits had minimal effect on estimation of general ancestry. For all data sets and Runs, Accuracy(AS) was maintained above 90%. The authors close with a discussion on the logistical issues present when choosing traits, and how to avoid ancestry bias.     

Validating TrueAllele® DNA mixture interpretation

Abstract: DNA mixtures with two or more contributors are a prevalent form of biological evidence. Mixture interpretation is complicated by the possibility of different genotype combinations that can explain the short tandem repeat (STR) data. Current human review simplifies this interpretation by applying thresholds to qualitatively treat STR data peaks as all‐or‐none events and assigning allele pairs equal likelihood. Computer review, however, can work instead with all the quantitative data to preserve more identification information. The present study examined the extent to which quantitative computer interpretation could elicit more identification information than human review from the same adjudicated two‐person mixture data. The base 10 logarithm of a DNA match statistic is a standard information measure that permits such a comparison. On eight mixtures having two unknown contributors, we found that quantitative computer interpretation gave an average information increase of 6.24 log units (min = 2.32, max = 10.49) over qualitative human review. On eight other mixtures with a known victim reference and one unknown contributor, quantitative interpretation averaged a 4.67 log factor increase (min = 1.00, max = 11.31) over qualitative review. This study provides a general treatment of DNA interpretation methods (including mixtures) that encompasses both quantitative and qualitative review. Validation methods are introduced that can assess the efficacy and reproducibility of any DNA interpretation method. An in‐depth case example highlights 10 reasons (at 10 different loci) why quantitative probability modeling preserves more identification information than qualitative threshold methods. The results validate TrueAllele^® DNA mixture interpretation and establish a significant information improvement over human review.     

General and maladaptive traits and anger in a combined forensic psychiatric and general population sample

The present study examines the associations between anger and general and maladaptive traits in a combined forensic psychiatric and community sample of men. Thirty-four male forensic psychiatric patients and 219 men from the general population completed the Novaco Anger Scale (NAS; Novaco, 1994), the NEO-PI-R (Costa & McCrae, 1992), the ADP-IV (Schotte & De Doncker, 1994) and the VKP (Duijsens, Haringsma, & EurelingsBontekoe, 1999) at two measurement occasions with a one-year interval. The results of a series of multiple regression analyses showed that general and maladaptive traits accounted for a substantial amount of variance in anger scores. Neuroticism, Agreeableness and Externalizing traits were most prominent in the prediction of anger, while Conscientiousness was acting as a suppressor variable in the regression models. Strengths and limitations of the present study and implications for further research and clinical practice are discussed.     

Optimizing risk mitigation in management of sexual offenders: a structural model

Sexual violence is an insidious and pervasive problem that insinuates itself into all aspects of contemporary society. It can neither be mitigated nor adequately controlled through current socio-legal practices. A more promising approach must embrace four integrated elements: (1) public policy, (2) primary prevention, (3) statutory management, and (3) secondary intervention. In the present paper we tackle the 3rd and 4th elements by proposing an integrated model for reducing and managing sexual violence among known sex offenders. Relying on the highly effective Risk-Need-Responsivity (RNR) model as the core of our Sex Offender Risk Mitigation and Management Model (SORM³), we draw together evidence based practices from clinical interventions and risk assessment strategies. Developed by Andrews & Bonta (2006), RNR has a strong empirical track record of efficacy when applied to diverse samples of offenders, including sex offenders (Hanson, Bourgon, Helmus, & Hodgson, 2009). We offer a detailed structural model that seeks to provide a more seamless integration of risk assessment with management and discretionary decisions, including a primary focus on RNR-based post-release aftercare. We end with the mantra that sex offender treatment alone will never effectively mitigate sexual violence in society, since the problem is not confined to the handful of offenders who spend time in prison and are offered some limited exposure to treatment. Any truly effective model must go well beyond the management of those known to be violent and embrace a comprehensive and integrated approach that begins by recognizing the seeds of sexual violence sown by society. Such a public health paradigm places victims - not offenders - at the center, forcing society to come to address the full gamut of hazards that fuel sexual violence.     

依法行政的宪法性调适——关于行政法治模式扩展的理论解释与方向探索

"依法行政"是中国建设法治国家的基础性制度要素,但该要素所预设的严格规范框架逐渐不能适应世界范围内行政权权能结构与行政法规则体系变化的需要,也不适应我国行政体制改革的结构性需求。中国行政法改革采行功能主义路径,大力引进行政的公开性与民主性理念及其制度,对原有行政法体系形成较大冲击。"新行政法"试图进行理论回应,其根本的规范性诉求就在于"依宪行政"。这一理论与制度的变化只能回溯到宪法层面进行解释。"依法行政"必须依靠理论背景更加厚重的"依宪行政"才能够克服传统行政法治模式的危机,实现行政法治模式的扩展。本文导引出的"依宪行政"的问题域和制度域还有利于重新思考并探索一种"行政宪政主义"的宪法实施路径,因而具有更为根本的理论价值和实践意义。     

Surveillance and identity management: Migrant perspectives on UK Biometric Residence Permits

The identity card for foreign nationals - now known as the Biometric Residence Permit (BRP) - was first introduced in November 2008. Following the May 2010 UK general election, the newly formed Conservative-Liberal Democrat Coalition government announced that the scheme would not be extended to UK citizens. To date, over 300,000 BRPs have been issued to UK foreign nationals - a group of non-EEA migrants that include international students, visiting scholars and entrepreneurs. In this paper, we draw on findings from interviews conducted with policymakers, advocacy groups, Higher Education administrators and foreign nationals - between March and December 2010 - to highlight some policy issues arising from the continued roll-out of the BRPs to this migrant group. We conclude by arguing that, although interviewees raised few objections to the BRPs in principle, cardholders were concerned about being unfairly ‘targeted’ for additional surveillance and remained unclear about the true purpose of the BRP. We identify a number of areas for further policy development.     

民商事审判风险管理体系的建构——一个嵌入风险社会语境的逻辑证成

我国已经进入了风险社会,公共管理领域必须对此作出回应,民商事审判领域面对的矛盾纠纷,来自社会层面的风险与民商事审判本身的自有风险还可能叠加激化,出现激烈爆发的危险境地。民商事审判作为创新社会管理的手段,为阻却风险到危险的发展进路,应该植入先进的风险管理理念,建构前置风险评估、风险提示、风险预防、风险化解与应对的流畅风险管理体系。