侵权行为法中公平责任的适用范围

侵权行为法中的公平责任是以衡量当事人之间的利益关系为主要理由,来确定责任主体赔偿或补偿责任的一种责任认定方式,是对传统归责方法的一种矫正。公平责任受其特定的归责理由的限制,主要适用于监护人责任、雇主责任、紧急避险责任中某些特定的情况,也适用于受益人的补偿责任或责任分担和对赔偿数额的限制方面。从立法例和司法实践中准确把握公平责任适用范围,对正确认识和运用公平责任归责方法,具有重要司法实践意义。     

Significant Differences in PostMortem Heart Weight Before and After Dissection Using the Short-Axis Dissecting Method

Correctly assessing heart weight can be critical at postmortem examination. The current international guidelines advocate using the short-axis method in dissecting the heart and the heart weighed when the blood is emptied. However, it did not specify at what point the heart should be weighed or how the blood should be emptied. This study compared heart weights at three different time points during the heart examination (immediately after dissecting out of the pericardial sac with blood still in chambers, blood washed/removed from heart chambers without the heart opened, and the heart completely opened, blood emptied, and pad dried). This was to illustrate the variation in measurement and potential errors when the heart is weighed at different time of dissection. The results show that there were statistical and clinical significant differences between the heart weights at each weighing points. We recommend the heart to be completely dissected with any blood and residual washing/rinsing water emptied before being weighed. Although performed in this study, the effect of pad drying the heart on heart weight was not explored and was a limitation in this study.     

祖孙双单亲比对的匹配概率研究

目的推导祖孙双单亲比对的匹配概率(PMGDS)公式,并以随机模拟法进行验证。方法首先,根据定义推导PMGDS的数学公式,依据此公式在19个基因座上计算PMGDS的数值。其次,以随机模拟法设计实验,在19个基因座上计算PMGDS的模拟值。最后,以模拟值对比公式值的方式,对公式进行实验验证。结果研究获得了PMGDS的数学公式,经模拟实验验证显示出良好的符合。结论祖孙双单亲比对的错判概率较低,具有很好的应用价值。     

The Accuracy and Repeatability of Reconstructing Single Bullet Impacts Using the 2D Ellipse Method

When a bullet punctures a surface, it leaves behind a bullet impact, which can be analyzed in order to determine the origin and trajectory path from which a bullet was discharged using many different scientific methods to reconstruct a shooting scene. The purpose of the research was to test the accuracy and repeatability of reconstructing the impact angle of single bullet impacts using the ellipse method. The research was conducted by firing various calibers of ammunition into drywall panels positioned at varying angles of incidence from 88° until ricochet occurred. This was done in order to determine which caliber type and angle of incidence are most accurate and precise for reconstructing a shooting scene. The study examined four caliber types fired into drywall panels, with 5 repeated shots for each of the 11 angles of incidence (n = 220). Furthermore, 31 participants partook in the study to estimate a bullet impact angle of incidence utilizing the ellipse method. The results show that the best performance (accuracy and repeatability) is seen with the measurements of the 0.45 caliber ammunition. When angle of incidences is low (<64°), the performance (accuracy and repeatability) was seen to be better in all caliber ammunitions. Overall, the data provided for single bullet impacts deposited in drywall show that the ellipse method is useful in providing measurements for most crime scene reconstruction purposes and has also demonstrated that results vary depending on the type of ammunition, firearm, and angle of incidence being examined.     

Exploring the Effects of North–South and South–South Research Collaboration in Emerging Economies,the Colombian Case

International research collaboration (IRC) is associated with both positive and negative effects on the performance of research in emerging economies. While some authors claim that North–South collaborations improve scientific quality and visibility for Southern countries, others claim that it may entail the reorientation of research to comply with Northern agendas. South–South collaborations are thought to increase the focus on local affairs, therefore leading to a relatively small number of scientific international publications appearing in “high quality” journals. Research on the impact of IRC beyond publications in international journals has been neglected despite the importance of other products in knowledge creation. This research uses a broad range of scientific outputs to empirically assess such assumptions and explore the outcomes of IRC in Colombia. Results from multivariate regressions and nonparametric analyses show that, contrary to common assumptions, Colombian research teams collaborating with partners from the global South report higher scientific production, while those collaborating with Northern countries seem to contribute to local knowledge the most.     

Lessons from International Multi-Option Referendum Experiences

Referendums are regularly criticised for reducing complex policy decisions to two maximally opposed options. This reduces opportunities for voter expression and can polarise debates. Alternative referendum designs which present more than two ballot options can offer innovative opportunities, but also raise new challenges. We can benefit by learning from previous experiences with multi-option referendum voting. Discussions of such experiences are rare and have often focussed on a limited number of cases. This article provides an overview of over 100 multi-option referendum experiences around the world. It discusses the topics on which they were held and the ballot options that were offered. It then analyses the variety in ballot design in terms of questions posed and voting methods applied. Drawing on the experiences of multi-option referendums, the article concludes with lessons that can be learned in relation to initiating and designing these referendums.     

Public sector innovation,e-government,and anticorruption in China and India: Insights from civil servants

Both China and India are adopting information and communication technologies to facilitate openness and transparency in their governments, and hence reduce corruption. Distinctive from their traditional anticorruption approaches, is the innovative e-government approach an effective solution to corruption in these two large developing countries? This paper addresses the question through comparative in-depth interviews with 44 mid- or senior-level officials in the public sector in these two countries. The first study of its kind, our research shows that civil servants in both countries overall think positively about transparency and technology in reducing corruption. However, to what extent these innovative measures will be effective is conditional on various factors, such as political willingness, income inequality, and infrastructure readiness. What is worth noting is that the Chinese respondents were more positive regarding the role of transparency, whereas the Indian respondents were more positive about the role of technology, which may reflect the different facilitators of corruption and the constraints of anticorruption in China and India.     

30年来涉台经济研究的研究范式与方法演进——基于历年《台湾研究集刊》所发表论文的分类分析

本文以近30年来《台湾研究集刊》中发表的涉台经济研究类论文作为对象,对其中所采用的各种范式方法加以分类归纳比较,分析该领域研究范式和方法的时间演进特征。结果表明,20世纪80年代涉台经济研究的范式注重文献信息的丰富程度,主要采用数量描述和文献归纳方法,但逻辑论证的精度不足;20世纪90年代更为关注研究的实用性,倚重逻辑推理和理论演绎方法的运用,逻辑深度有所加强,逻辑精度也有一定提高;2000年以后则同时向实用性和理论性两个方向发展,既注重研究对于实践的指导意义,也开始引入主流经济学中的经验研究范式用于理论检验和创新。各种研究范式和方法互为补充参照,由此才能不断推进涉台经济研究的科学化进程。     

对当前我国高校安全保卫工作的研究

高校安全保卫工作对维护高校稳定和安全、保证高校正常教育教学和科研秩序具有重要作用,是一项政策性强而工作难度大的工作。在新的历史条件下,高等院校应紧跟时代发展和形势变化,大胆创新、开拓进取,积极研究高校安全保卫工作的特点和规律,为进一步加强高校安全保卫工作提供理论依据。     

科学发展观视野下地方财经高校科研管理研究

科学发展观是中国特色社会主义理论体系的最新内容,对高校科研管理工作具有重大指导意义。按照科学发展观的要求进行科研管理,有利于促进高校科研与市场接轨、提高科研成果的转化率、更好地为社会生活服务。以科学发展观指导科研管理工作,就是要在全面、准确理解科学发展观的科学内涵和精神实质的基础上,结合高校科研工作实际,按照科学发展观的要求,积极推进科研管理创新,促进高校科研水平不断提高。