针对生物识别信息的刑法保护:现实境遇与完善路径——以四川“人脸识别案”为切入点

当前生物识别信息在我国社会中的运用呈现逐年递增的趋势.生物识别信息具备本体特殊性和社会特殊性,这决定了其具备与普通公民个人信息不同的重要性,应受到刑法的特殊保护,但我国既定刑事立法对生物识别信息并未进行任何形式的特殊保护.可运用实质解释的方法,在不违反罪刑法定原则的前提下,充分利用两高《解释》第5条中第1款第10项和第2款第4项这两个兜底条款,将"侵犯生物识别信息5条及以上"认定为"情节严重",将"侵犯生物识别信息50条及以上"认定为"情节特别严重",由此降低针对生物识别信息原本的入罪和法定刑升格的数量,最终实现对生物识别信息的特殊刑法保护.     

局部平稳部分线性面板数据模型的统计推断

部分线性模型是一类非常重要的半参数回归模型,由于它既含有参数部分又含有非参数部分,与常规的线性模型相比具有更强的适应性和解释能力。文章研究带有局部平稳协变量的固定效应部分线性面板数据模型的统计推断。首先提出一个两阶段估计方法得到模型中未知参数和非参数函数的估计,并证明估计量的渐近性质,然后运用不变原理构造出非参数函数的一致置信带,最后通过数值模拟研究和实例分析验证了该方法的有效性。     

Fast and rigorous: Configurational determinants of strategic decision-making balance

A longstanding debate in the strategic decision-making literature has focused on whether top management teams (TMTs) can effectively balance speed and comprehensiveness when making important decisions. In our research, we build on early insights and pivot from considering whether TMTs can engage indecision-making that balances these tensions to focus instead on when certain types of TMTs are able to achieve such balance. We employ a novel configurational analytical approach and a theoretical framework built from role theory to examine the CEO-TMT interface in a new way. In so doing, we are able to identify specific CEO-TMT constellations that support decision-making that is both fast and rigorous. Using a unique primary dataset and an abductive, configurational approach grounded in fuzzy set qualitative comparative analysis (fsQCA), we identify six specific leader-team configurations that each facilitate decision processes characterized by rigorous intra-team debate, meaningful reconciliation of divergent ideas, and fast decision speed (which we describe as strategic decision-making balance). The range of CEO-TMT configurations that emerge from our analyses contribute new theory and findings for the strategic decision-making and interface literatures more broadly, as well as the specific research streams on executive gender, humility, and TMT structure.     

The Need to Reconcile Concepts that Characterize Systems Facing Threats

Desirable system performance in the face of threats has been characterized by various management concepts. Through semistructured interviews with editors of journals in the fields of emergency response and systems management, a literature review, and professional judgment, we identified nine related and often interchangeably used system performance concepts: adaptability, agility, reliability, resilience, resistance, robustness, safety, security, and sustainability. A better understanding of these concepts will allow system planners to pursue management strategies best suited to their unique system dynamics and specific objectives of good performance. We analyze expert responses and review the linguistic definitions and mathematical framing of these concepts to understand their applications. We find a lack of consensus on their usage between interview subjects, but by using the mathematical framing to enrich the linguistic definitions, we formulate comparative visualizations and propose distinct definitions for the nine concepts. We present a conceptual framing to relate the concepts for management purposes.     

Linear scalar-on-surface random effects regression models

Many research fields increasingly involve analyzing data of a complex structure. Models investigating the dependence of a response on a predictor have moved beyond the ordinary scalar-on-vector regression. We propose a regression model for a scalar response and a surface (or a bivariate function) predictor. The predictor has a random component and the regression model falls in the framework of linear random effects models. We estimate the model parameters via maximizing the log-likelihood with the ECME (Expectation/Conditional Maximization Either) algorithm. We use the approach to analyze a data set where the response is the neuroticism score and the predictor is the resting-state brain function image. In the simulations we tried, the approach has better performance than two other approaches, a functional principal component regression approach and a smooth scalar-on-image regression approach.     

Tests for homogeneity of risk differences in stratified design with correlated bilateral data

ABSTRACT

Correlated bilateral data arise from stratified studies involving paired body organs in a subject. When it is desirable to conduct inference on the scale of risk difference, one needs first to assess the assumption of homogeneity in risk differences across strata. For testing homogeneity of risk differences, we herein propose eight methods derived respectively from weighted-least-squares (WLS), the Mantel-Haenszel (MH) estimator, the WLS method in combination with inverse hyperbolic tangent transformation, and the test statistics based on their log-transformation, the modified Score test statistic and Likelihood ratio test statistic. Simulation results showed that four of the tests perform well in general, with the tests based on the WLS method and inverse hyperbolic tangent transformation always performing satisfactorily even under small sample size designs. The methods are illustrated with a dataset.     

On quantile residuals in beta regression

Beta regression is often used to model the relationship between a dependent variable that assumes values on the open interval (0, 1) and a set of predictor variables. An important challenge in beta regression is to find residuals whose distribution is well approximated by the standard normal distribution. Two previous works compared residuals in beta regression, but the authors did not include the quantile residual. Using Monte Carlo simulation techniques, this article studies the behavior of certain residuals in beta regression in several scenarios. Overall, the results suggest that the distribution of the quantile residual is better approximated by the standard normal distribution than that of the other residuals in most scenarios. Three applications illustrate the effectiveness of the quantile residual.     

Effects of mediator competence and mediation process on user satisfaction with child custody,finances, and property outcomes

This study draws on survey data from 205 family mediation service users concerning their satisfaction with the outcomes of mediation to address two research questions: (a) how satisfied are service users? and (b) what factors account for users' satisfaction with the outcome of child custody arrangements and the allocation of finances and property? Overall, users' level of satisfaction with outcomes was high. While the mediation process explained a significant variance in satisfaction with the outcomes for child custody and for finances and property, the mediator's perceived professional competence did not predict user satisfaction with the outcomes for either issue. This study contributes to our knowledge on the significance of mediators' process skill, specifically their calm and clear responses to the socioemotional needs of the mediated parties, on the service outcomes for both types of dispute. The implications for mediation training are discussed.     

Bayesian inference for stable Lévy–driven stochastic differential equations with high‐frequency data

In this paper, we consider parametric Bayesian inference for stochastic differential equations driven by a pure‐jump stable Lévy process, which is observed at high frequency. In most cases of practical interest, the likelihood function is not available; hence, we use a quasi‐likelihood and place an associated prior on the unknown parameters. It is shown under regularity conditions that there is a Bernstein–von Mises theorem associated to the posterior. We then develop a Markov chain Monte Carlo algorithm for Bayesian inference, and assisted with theoretical results, we show how to scale Metropolis–Hastings proposals when the frequency of the data grows, in order to prevent the acceptance ratio from going to zero in the large data limit. Our algorithm is presented on numerical examples that help verify our theoretical findings.