美､德个人信息宪法保护路径比较及启示——以个人信息的双重属性切入

个人信息的保护研究一般基于信息的人身性与财产性为选择保护的路径,却忽略了个人信息的人身依附属性.根据自由主义与社群主义对自我的解释得出个人信息具有个体性与公共性的双重属性.基于此双重属性导致美、德两国在个人信息保护模式上有所区别:美国将个人信息作为隐私权保护外延,显示其对信息个体性的追求;德国利用领域理论将个人信息作为人格尊严的保护客体,显示其对信息公共性的偏向.从法律文化视角比较,两国存在价值取向与隐私认可程度的差异,由此造成对个体性和公共性的不同偏向;两国又因司法谦抑主义与公共安全和个人信息保护的竞争,导致保护限缩的共同趋向.两种保护路径反映不同的法律文化的同时,也体现出两国都重视在立法基础上的宪法审查运用,以此平衡个人信息的个体性与公共性.故我国个人信息保护亦需以“审查”作为个人信息保护的有效方式,并以个体性与公共性的动态平衡作为判断标准.具体审查可以从程序上的公正平衡与实体上的合理平衡两方面进行判断,以此为个人信息提供有效保护.此外,打破个体性与公共性平衡状态的唯一变量只能基于公共利益的考量.     

Feminism and science in Masters of Sex

This article examines the fictional characterization of the real-life sex researchers and scientists William H. Masters and Virginia E. Johnson in the Showtime television program Masters of Sex (2013–2016). The historical Johnson had a complicated relationship with second-wave feminism: she disdained the movement and was interested primarily in improving heterosexual marriages and the sex lives of married couples. The Johnson character speaks in a language of postfeminism with minimal interest in collective action and broader social change. However, second-wave feminists later used her and Masters’ research in order to support their own beliefs about sexual autonomy and freedom, within and beyond marriage and heterosexuality. The television program demonstrates Johnson’s importance to both phases of her and Masters’ research—in the first phase, when they are based in a hospital and university environment, and in the second, when they establish their own research institute and raise funds directly from the clients that they serve. Johnson exemplifies postfeminist depictions of ambitious women in prestige television, her aim to have a successful career and marriage conflict, and while she is willing to compromise scientific values to serve her own goals, her male colleagues temper that ambition in service of “objective” science.     

Social service purchasing in China: Rationale,features, and risks

As part of a broader program of market reform, China's local governments are progressing an agenda of purchasing child welfare and other social services from the nongovernment sector, primarily to expand capacity and address vast unmet need. This paper draws on current research evidence to explore the approaches to purchasing emerging in China, examining the rationale for purchasing and models of supply, competition, and regulation. While some approaches are modeled on direct service contracting, direct purchasing of social service “posts” is also used, aimed at achieving goals of professionalization alongside service expansion. Overall, the review shows purchasing is helping to rapidly expand service scale and capacity; however, regulatory strategies for managing and mitigating risks to quality and access appear lacking. This highlights the need for further scholarship aimed at developing the robust risk management strategies which are required to support high quality, sustainable provision of purchased services.     

Using the Theory of Planned Behaviour to Understand Motivation to Register Births in Lombok,Indonesia

Despite government interest in promoting birth registration, more than a third of Indonesian children do not have a birth certificate, affecting the realisation of both their human and citizen rights. While barriers to registering children's births in Indonesia have been assessed, there is limited research on how communities perceive the importance of having a birth certificate. This study used focus group discussions to explore parental motivations around birth registration. The results of a thematic analysis found that perceived use of birth certificates, perceived control over the application process and social norms related to certificate ownership affect the intention to apply.     

Statistical Inference Enables Bad Science; Statistical Thinking Enables Good Science

ABSTRACT

Scientific research of all kinds should be guided by statistical thinking: in the design and conduct of the study, in the disciplined exploration and enlightened display of the data, and to avoid statistical pitfalls in the interpretation of the results. However, formal, probability-based statistical inference should play no role in most scientific research, which is inherently exploratory, requiring flexible methods of analysis that inherently risk overfitting. The nature of exploratory work is that data are used to help guide model choice, and under these circumstances, uncertainty cannot be precisely quantified, because of the inevitable model selection bias that results. To be valid, statistical inference should be restricted to situations where the study design and analysis plan are specified prior to data collection. Exploratory data analysis provides the flexibility needed for most other situations, including statistical methods that are regularized, robust, or nonparametric. Of course, no individual statistical analysis should be considered sufficient to establish scientific validity: research requires many sets of data along many lines of evidence, with a watchfulness for systematic error. Replicating and predicting findings in new data and new settings is a stronger way of validating claims than blessing results from an isolated study with statistical inferences.     

The covariance of the backward and forward recurrence times in a renewal process: the stationary case and asymptotics for the ordinary case

In a Poisson process, it is well-known that the forward and backward recurrence times at a given time point t are independent random variables. In a renewal process, although the joint distribution of these quantities is known (asymptotically), it seems that very few results regarding their covariance function exist. In the present paper, we study this covariance and, in particular, we state both necessary and sufficient conditions for it to be positive, zero or negative in terms of reliability classifications and the coefficient of variation of the underlying inter-renewal and the associated equilibrium distribution. Our results apply either for an ordinary renewal process in the steady state or for a stationary process.     

Conditional design of the EWMA median chart with estimated parameters

The exponentially weighted moving average (EWMA) chart is often designed assuming the process parameters are known. In practice, the parameters are rarely known and need to be estimated from Phase I samples. Different Phase I samples are used when practitioners construct their own control chart's limits, which leads to the “Phase I between-practitioners” variability in the in-control average run length (ARL) of control charts. The standard deviation of the ARL (SDARL) is a good alternative to quantify this variability in control charts. Based on the SDARL metric, the performance of the EWMA median chart with estimated parameters is investigated in this paper. Some recommendations are given based on the SDARL metric. The results show that the EWMA median chart requires a much larger amount of Phase I data in order to reduce the variation in the in-control ARL up to a reasonable level. Due to the limitation of the amount of the Phase I data, the suggested EWMA median chart is designed with the bootstrap method which provides a good balance between the in-control and out-of-control ARL values.