共同诉讼抑或群体诉讼——评我国代表人诉讼的性质

我国《民事诉讼法》司法解释将该法第54条规定的代表人诉讼界定为共同诉讼是值得商榷的。如果按此推论,该法第55条确立的代表人诉讼又处于“休眠”状态的情况下,我国就基本上没有什么群体诉讼了,这显然不符合实际情况,也与法院每年处理几十万件群体诉讼案件的统计数字不符。从其产生所适应的条件、所借鉴的国外同类制度以及自身的特点和功能来看,我国《民事诉讼法》确立的两种代表人诉讼均已突破了共同诉讼的范畴,在性质上都应属于单一诉讼和共同诉讼之外的第三种诉讼形式——群体诉讼。     

Humeral and femoral head diameters in recent white American skeletons

Osteologists often rely on single measurements, such as humeral and femoral head diameters, to estimate sex, especially when skeletons are incomplete. Measurements of 237 Bass Donated Collection skeletons provide a means of distinguishing white American females from males based on a modern sample: humeral head, female mean 42.1 mm, male mean 49.0 mm; and femoral head, female mean 42.2 mm, male mean 48.4 mm. Probabilities that bones at 1-mm increments came from females (p(f)) are estimated (p(m) = 1 - p(f)). An overrepresentation of one sex in the skeletons that are examined influences the probability that a bone of a certain size is from a female or male. So, probabilities are also estimated for samples consisting of an unequal number of males and females. Sample composition has its greatest effect when one sex dominates the remains that are the subject of investigation.     

Status of Mandibular Third Molar Development as Evidence in Legal Age Threshold Cases

The completion of the third molar roots has played an important role in ascertaining whether individuals may be at or over a legal threshold of age, often taken as 18 years. This study demonstrates that root apex completion in the third molar is relatively uninformative regarding the threshold of age 18 years in a sample of 1184 males, where mean age‐of‐attainment of root apex completion for third mandibular molars is about 19.4 years. This paper also considers the legal age threshold problem for cases where the third mandibular molar is not completely formed, and outlines the use of parametric models and Bayes’ factors to evaluate dental evidence in statistically appropriate ways. It attempts to resolve confusion over age‐within‐stage versus age‐of‐attainment, likelihood ratios versus other diagnostic tests, and prior odds for a case versus the prior density for an age distribution.     

The Social Outcomes of Education and Feedbacks on Growth in Africa

Most of the effects of education included in the complete model presented here are shown to be consistent with those found in the mainstream of the research on each outcome using microeconomic data. This, however, is a first effort to estimate net education effects more comprehensively, beyond just growth and health effects on other key measures of development in Africa, and also a new view of indirect feedbacks on economic growth and of externalities. After developing the conceptual framework, the regression estimates are presented together with a discussion of the net direct and indirect effects of education on each outcome. These are shown to improve infant mortality, increase longevity, strengthen civic institutions and democratisation, increase political stability, and increase investment in physical capital, which in turn have positive delayed feedback effects on the economic growth process. The effects also lower fertility rates and population growth rates but the latter occurs only after long delays because of the short-term positive effects of education on health. There are significant net education effects reducing poverty, inequality and crime, the latter after netting out negative externalities from growth and white-collar crime. Education effects reducing poverty and substituting skills for extractive exports also contribute to environmental sustainability. Simulations solve the complete model endogenously and iteratively over time for all of the direct and indirect (largely externality) effects. They reveal that indirect feedback effects including those on non-market outcomes are larger than the direct effects. Some effects are immediate, but many of the lags are long. So policy options for a continent in crisis that consider these lags are considered.     

Measuring error for adjacent policy position estimates: Dealing with uncertainty using CMP data

Careful users of CMP party position data should take the uncertainty of position estimates into account. We compare and evaluate two current approaches that provide error estimates for party positions. Researchers of the CMP group identify measurement error in quantitative content analysis as the cause of uncertainty about position estimates, whereas a second approach by Benoit et al. (2009) attributes the uncertainty of position estimates to a stochastic generation of election programs. We illustrate the commonalities and differences of these approaches and provide two empirical applications, the identification of the left–right order of parties and of policy shifts by parties, using CMP data for 25 countries. Despite conceptual differences, results in these applications are surprisingly similar.     

Why Do Adolescents Overestimate Their Peers' Smoking Prevalence? Correlates of Prevalence Estimates Among California 8th-Grade Students

Adolescents' estimates of their peers' smoking prevalence can influence their own smoking behavior. However, it is not clear how these prevalence estimates are formed, or what factors influence their accuracy. This study used data from a statewide sample of 5870 8th-grade adolescents in California to examine the correlates of smoking prevalence estimates. Best friends' smoking accounted for the largest proportion of the variance in prevalence estimates. Other significant correlates included female gender, actual smoking prevalence in the student's school, perceptions of smoking on TV, perceived access to cigarettes, low academic performance, cigarette offers, and ethnicity. The variables in the model accounted for 23.8% of the variance in smoking prevalence estimates. Adolescents with smokers in their social networks and schools may be especially susceptible to smoking, because their peers' smoking may give them the impression that smoking is more normative and prevalent than it actually is.     

The Accountability Priorities of Australian Parliamentarians

Managerialist reforms to the public service, as part of the drive for improved efficiency and effectiveness, sought to reorient the accountability priorities of parliamentarians away from a supposedly excessive concern with process and results and more towards results (outputs and outcomes). To what extent, if any, have the accountability priorities of parliamentarians changed over the last two decades? Content analysis of a sample of estimates committee hearings dealing with six departments over three selected years (1986, 1992 and 2003) reveals a marked increase in attention to outputs and a correspondingly decreased focus on inputs (with little change in concern for process), thus confirming a managerialist trend. At the same time, Senators' explicit references to departments' budget documentation and annual reports fell away noticeably with the introduction of the outcomes and outputs framework which is therefore failing their accountability needs.     

交通行政违法非现场处罚研究

为了保障现代交通的安全、有序和畅通,通过科技手段,根据交通技术监控设备对交通违法行为予以记录,并以此来认定和处罚交通违法,即所谓的“非现场处罚”应运而生。建立“非现场处罚”的“告知制度,”强调“非现场处罚”的“听证程序,”遵守“非现场处罚”的“一事不再罚”原则,从而达到依法规范、促进和完善“非现场处罚”的目的。     

Parliament Scrutiny of Government Performance in Australia

This article examines how the Commonwealth Parliament of Australia seeks to hold responsible ministers directly and senior public servants indirectly accountable for the performance of departments and programs on the basis of published performance data and inquiries conducted by parliamentary committees. From the perspective of an outsider, the scrutiny process in the Australian parliament, although not without its problems, is more systematic and substantive than is the case in other parliamentary systems such as Canada. Creating a more meaningful dialogue in the Australian parliament on performance issues will depend more on changes to the intersecting cultures of the legislature, government and the public service than on organisational and procedural reforms to any of those institutions.