我国环境犯罪归责原则探讨

我国传统的刑法犯罪理论,罪过是犯罪构成的必要条件,其主观方面的认定对于罪与非罪、以及量刑轻重意义重大。但环境犯罪主观方面具有不同于普通犯罪的复杂情况,司法实务中认定和证明行为人的主观罪过十分困难。因此,应该在坚持过错责任原则和犯罪主客观相统一的基础上,采用过错推定和举证责任倒置的制度。     

Bayesian analysis of a marked point process: Application in seismic hazard assessment

Point processes are the stochastic models most suitable for describing physical phenomena that appear at irregularly spaced times, such as the earthquakes. These processes are uniquely characterized by their conditional intensity, that is, by the probability that an event will occur in the infinitesimal interval (t, t+Δt), given the history of the process up tot. The seismic phenomenon displays different behaviours on different time and size scales; in particular, the occurrence of destructive shocks over some centuries in a seismogenic region may be explained by the elastic rebound theory. This theory has inspired the so-called stress release models: their conditional intensity translates the idea that an earthquake produces a sudden decrease in the amount of strain accumulated gradually over time along a fault, and the subsequent event occurs when the stress exceeds the strength of the medium. This study has a double objective: the formulation of these models in the Bayesian framework, and the assignment to each event of a mark, that is its magnitude, modelled through a distribution that depends at timet on the stress level accumulated up to that instant. The resulting parameter space is constrained and dependent on the data, complicating Bayesian computation and analysis. We have resorted to Monte Carlo methods to solve these problems.     

Population constraints on pooled surveys in demographic hazard modeling

In non-experimental research, data on the same population process may be collected simultaneously by more than one instrument. For example, in the present application, two sample surveys and a population birth registration system all collect observations on first births by age and year, while the two surveys additionally collect information on women’s education. To make maximum use of the three data sources, the survey data are pooled and the population data introduced as constraints in a logistic regression equation. Reductions in standard errors about the age and birth-cohort parameters of the regression equation in the order of three-quarters are obtained by introducing the population data as constraints. A halving of the standard errors about the education parameters is achieved by pooling observations from the larger survey dataset with those from the smaller survey. The percentage reduction in the standard errors through imposing population constraints is independent of the total survey sample size.     

Banks winners in tournaments are difficult to recognize

Given a tournament T, a Banks winner of T is the top vertex of any maximal (with respect to inclusion) transitive subtournament of T. In this technical note, we show that the problem of deciding whether some fixed vertex v is a Banks winner for T is NP-complete. Received: 22 February 2002/Accepted: 20 June 2002 Supported by the START program Y43-MAT of the Austrian Ministry of Science. I would like to thank two thank the referees for a careful reading of the paper, for helpful remarks, and for many suggestions how to improve the presentation.     

Unresolved Conflicts in the Regional Security System: The Case of the South Caucasus

The collapse of the USSR was accompanied by transformation of the South Caucasian latent ethnopolitical conflicts into local wars. Today the situation in the area of the conflicts is “neither war, nor peace”. Three unresolved conflicts of the South Caucasus can be considered as one of the most serious obstacles for establishing a regional security system.The article gives the general characteristics of these conflicts, the trends of their development, taking into account the time factor, and analyzes the behavioral models of the main players – de jure recognized and unrecognized de facto states of the South Caucasus. The basic objective of the main players should be to keep the situation on a level preventing the resumption of the armed conflicts. The attempts of forced resolution of the conflicts are fraught with destabilization of the situation not only in the area of any of these conflicts but in the whole region.     

Boundary Spaces

While shows like The X-Files and 24 have merged conspiracy theories with popular science (fictions), some video games have been pushing the narrative even further. Electronic Art's Majestic game was released in July 2001 and quickly generated media buzz with its unusual multi-modal gameplay. Mixing phone calls, faxes, instant messaging, real and "fake' websites, and email, the game provides a fascinating case of an attempt at new directions for gaming communities. Through story, mode of playing, and use of technology, Majestic highlights the uncertain status of knowledge, community and self in a digital age; at the same time, it allows examination of alternative ways of understanding games' role and purpose in the larger culture. Drawing on intricate storylines involving government conspiracies, techno-bio warfare, murder and global terror, players were asked to solve mysteries in the hopes of preventing a devastating future of domination. Because the game drew in both actual and Majestic-owned/-designed websites, it constantly pushed those playing the game right to borders where simulation collides with " factuality'. Given the wide variety of "legitimate' conspiracy theory, alien encounters and alternative science web pages, users often could not distinguish when they were leaving the game's pages and venturing into " real' World Wide Web sites. Its further use of AOL's instant messenger system, in which gamers spoke not only to bots but to other players, pushed users to evaluate constantly both the status of those they were talking to and the information being provided. Additionally, the game required players to occupy unfamiliar subject positions, ones where agency was attenuated, and which subsequently generated a multi-layered sense of unease among players. This mix of authentic and staged information in conjunction with technologically mediated roles highlights what are often seen as phenomenon endemic to the Internet itself; that is, the destabilization of categories of knowing, relating, and being.     

文化资本:经济增长源泉的一种解释

文化资本是能为人们带来持续收益的特定价值观体系,它是决定经济增长的一种关键性生产要素和最终解释变量。熊彼特所揭示的企业家精神的实质在于企业家在生产中投入了文化资本。文化资本对经济增长的作用体现在两个方面:一是它具有报酬递增的特性;二是它制约着人们对资源、技术、制度等要素的选择。进行文化资本投资主要包括实现思想、言论自由与开展文化交流、改革教育内容等,它是促进经济增长的重要途径。