The Guidance Function of Cases of Misappropriation of Public Funds in Transitional China—With the Reference to Criminal Trial of the Supreme People’s Court of China as a Sample of Analysis

相对于贪污、受贿等传统型腐败犯罪, 挪用公款罪不是常态性罪名, 而是针对社 会转型刑法应对的成果。该罪的立法、司法过程中存在着诸多纠结, 这使得判例参考 的价值凸显。最高人民法院十分重视对该罪判例的公布, 这为现实裁决提供了指导和 参考作用。最近10年所公布挪用公款罪判例折射出司法的重心是: 注重主体身份的实 质公务性、从形式合理性理解“归个人使用”、慎重解释“公款”的内涵。判例公布 在有利于同案同判的同时, 也成为促进理论与实践的助推器。

关键词: 腐败犯罪 挪用公款 社会转型 判例 ?刑事审判参考?

Compared with the traditional offenses of embezzlement, bribe-taking and so on, the misappropriation of public funds is not a routine charge but a result of the response of criminal law to social transition. The fact that a number of difficulties have arisen in legislative and judicial procedures relating to this offense makes the value of case reference material significant. The Supreme People’s Court of China attaches great importance to the publication of cases of misappropriation of public funds, which offer guidance and reference for real-life adjudication. Cases publicized in the last decade reflect a judicial emphasis—they focus on the official nature of the duties performed by the subject, on understanding “for individual use” from the viewpoint of formal rationality and on a cautious interpretation of the connotations of “public funds.” Publicizing such cases facilitates reaching the same verdict in similar cases and at the same time acts as a catalyst for the advancement of theory and practice.     

Patterns and severity of menopausal symptoms among Jordanian women

We examined 359 women aged 45–65 years who visited Jordan University Hospital between February and November 2014. The menopausal symptoms were assessed using a validated Arabic version of the menopause rating scale. The mean age at menopause was 49.4 years. Women aged 50–55 years more frequently exhibited hot flushes and vaginal dryness. Although premenopausal women were 1.5 times more likely to experience irritability, perimenopausal women were more likely to experience hot flushes, physical and mental irritability, sexual problems, vaginal dryness, and joint and muscular discomfort. Hence, health care providers should focus on women at all stages of life.     

村治模式转型：由封闭性自治到开放性自治的演进

村民自治模式具有封闭性自治的特点。在现代化进程的强烈冲击下，农村社会已经发生历史性变迁，农村社会逐步走向开放性与异质性，村民自治赖以存在的经济与社会基础逐步瓦解。农村经济与社会变迁的既有现实决定了必须建立适应当前农村社会开放性、流动性社会要求的新型自治实践模式。由“开放性自治”到“封闭性自治”的转型是农村基层民主发展的演进逻辑。     

Transition from school for youths with a disability: issues and challenges

Australian research has demonstrated that students with a disability are more likely to remain out of the full‐time workforce. These research findings have been the catalyst for a call for a comprehensive career development and transition planning approach for all students with disabilities in schools as well as for employers to rethink the role of people with disabilities in the workforce. In the Australian context the transition from school for individuals with a disability is complicated by a disparate and fragmented group of service agencies providing a range of services, including employment, supported accommodation, recreation and leisure pursuits, as well as training and placement, along with, at times, a deep‐seated prejudice towards people with disabilities in the market place. This paper reviews a number of issues and challenges confronting individuals with a disability making the transition from school to the post‐school environment.     

Estimation with right‐censored observations under a semi‐Markov model

The semi‐Markov process often provides a better framework than the classical Markov process for the analysis of events with multiple states. The purpose of this paper is twofold. First, we show that in the presence of right censoring, when the right end‐point of the support of the censoring time is strictly less than the right end‐point of the support of the semi‐Markov kernel, the transition probability of the semi‐Markov process is nonidentifiable, and the estimators proposed in the literature are inconsistent in general. We derive the set of all attainable values for the transition probability based on the censored data, and we propose a nonparametric inference procedure for the transition probability using this set. Second, the conventional approach to constructing confidence bands is not applicable for the semi‐Markov kernel and the sojourn time distribution. We propose new perturbation resampling methods to construct these confidence bands. Different weights and transformations are explored in the construction. We use simulation to examine our proposals and illustrate them with hospitalization data from a recent cancer survivor study. The Canadian Journal of Statistics 41: 237–256; 2013 © 2013 Statistical Society of Canada     

School–work systems in postindustrial societies: Evidence from Japan

The Japanese system of school–work has been widely admired for the strong communication and recruitment relationships that exist between high schools and employers. We develop a framework for understanding the macro-level conditions that fostered the effectiveness of the system up until the early 1990s. These conditions included a stratified secondary educational system, a large supply of high-quality high school graduates, and high demand for young workers to fill entry-level positions in the internal labor markets of large firms. We use original data from a sample of urban high schools to analyze how Japanese employers’ recruitment patterns changed in the 1990s and beyond. The results of that analysis and a counterfactual analysis suggest that recent changes, especially in Japanese employment institutions, have significantly weakened high school–employer relationships. We suggest implications of the Japanese case for school–work processes in other postindustrial societies.     

民国西安经济转型的动力与结构分析

民国以降，西安经济发展的水平和结构受到制度和抗战沦陷区经济大转移等外力因素的剧烈影响，短期的外部赋予给西安经济注入了活力，迅速改变了当地经济的落后面貌，这对西安经济结构的改造具有重要影响，但对外部因素的过度倚重，形成国防、军事统制企业生产，手工业为核心工业体系，消费工业为主体诉求的经济结构，经济发展和社会转型低层次、同质性显著。在经济转型和结构发展中，西安近代化凸显了制度强化经济发展的作用。     

中国人社会心态六十年变迁及发展趋势

在1949年后的六十年中,中国的经济基础和社会结构都发生了巨大的变化.与此相对应,中国人的价值观和社会心态也发生了显著的嬗变.在建国后的前三十年,中国共产党通过一系列政治运动实现了对中国社会的改造和整合,也使中国人的传统社会心理在分化变动之后走向高度同一;在建国后的后三十年,改革开放的伟大实践打破了僵化和保守的意识形态,中国人的社会心态在经历了一系列波折之后发生了积极的嬗变.经过六十年的变迁,中国人的价值观与社会心态变得越来越理智和成熟、越来越开放和多元、越来越主动和积极,也越来越具有全球意识.新中国六十年的"革命"和改革实践带给中国人的主观感受和心理积淀,在精神层面上赋予了中国独特发展道路以完整的价值和意义.     

Continuity of Mental Health Care Across Military Transitions

Multiple deployments, a prominent characteristic of operations Enduring Freedom, Iraqi Freedom, and New Dawn, have been linked to increased risk for various mental health conditions. It is also well known that military transitions, such as a change of duty station or discharge, are an inevitable part of military life. While military transitions can be stressful for any service member or veteran, those with mental health conditions face additional challenges. Transition stress can exacerbate a mental health condition that in turn hinders ability to manage the transition, resulting in a cycle of stress. As a result, those receiving mental health care while transitioning often experience difficulty continuing treatment post-transition. This article describes a unique and innovative transition coaching program designed to address this emerging issue.     

透析实施生育保险制度的局势

从社会学视角对实施生育保险制度的必要性进行探讨,分别从宏观(包括人口转变规律、经济体制改革、提高人口素质的需求三个方面)、中观(包括社会支持网络的变迁、保障女性群体地位、保障企业平等竞争三个方面)和微观层面(包括生育观念的转变、生育的风险性、体现女性的生育价值三个方面)进行层层剖析,说明实施和拓宽生育保险制度势在必行。