道德原则对刑事立法的制约

道德原则是一定社会成员或阶级用以调整人们之间利益关系的根本指导原则,在道德体系中居于核心地位,是人类判断行为是非善恶的准则,具有普遍性。刑事立法是立法者依照法定程序创制刑事法律规范的活动,刑事立法的过程是行为犯罪化与除罪化的过程,这一过程体现了立法者的伦理价值取向,反映了立法者关于正义与非正义、善与恶等方面的价值判断,因而道德原则是立法者必须遵循的基本原则,是刑事立法最重要的制约因素之一。     

《大清国籍条例》与近代“中国”观念的重塑

法律意义上的近代"中国"人身份的确定经历从依照传统的"习惯法"、参照西方成例和按照近代意义上的"国籍法",这样一个不断调适的过程。《大清国籍条例》颁行具有加强华侨的"中国"认同和维护清政府国内统治合法性的双重目的。"国籍法"确立血统主义原则,显然是受到当时"大民族"主义的影响,体现出晚清政府在大一统近代转型中对于"中国"观念的重塑。     

日本犯罪共同说之缺陷分析与反思

在日本,犯罪共同说确实忠实地坚守了客观上的判断和罪刑法定原则。然而,也由此显示了在运用构成要件理论对共同犯罪事实进行分析认定之时,并不符合现实生活中的共同犯罪事实的缺陷和弊端,因此,我们对日本的犯罪共同说应该重新进行评析与反思。     

A Simple Analysis of the Exact Probability Matching Prior in the Location-Scale Model

It has long been asserted that in univariate location-scale models, when concerned with inference for either the location or scale parameter, the use of the inverse of the scale parameter as a Bayesian prior yields posterior credible sets that have exactly the correct frequentist confidence set interpretation. This claim dates to at least Peers, and has subsequently been noted by various authors, with varying degrees of justification. We present a simple, direct demonstration of the exact matching property of the posterior credible sets derived under use of this prior in the univariate location-scale model. This is done by establishing an equivalence between the conditional frequentist and posterior densities of the pivotal quantities on which conditional frequentist inferences are based.     

Optimal impulse control for dividend and capital injection with proportional reinsurance and exponential premium principle

This article supposes that a large insurance company can control its surplus process by reinsurance, paying dividends, or injecting capitals. The exponential premium principle and proportional reinsurance are adopted in business activities. We investigate the general situation that the company needs to pay both proportional and fixed costs for dividends and capital injections. The object of the company is to determine an optimal joint reinsurance–dividend–capital injection strategy for maximizing the expected present value of dividends less capital injections until the time of bankruptcy. In both cases of non cheap and cheap reinsurance, we obtain the explicit solutions for value function and optimal strategy.     

Inference based on progressive Type I interval censored data from log-normal distribution

This article considers inference for the log-normal distribution based on progressive Type I interval censored data by both frequentist and Bayesian methods. First, the maximum likelihood estimates (MLEs) of the unknown model parameters are computed by expectation-maximization (EM) algorithm. The asymptotic standard errors (ASEs) of the MLEs are obtained by applying the missing information principle. Next, the Bayes’ estimates of the model parameters are obtained by Gibbs sampling method under both symmetric and asymmetric loss functions. The Gibbs sampling scheme is facilitated by adopting a similar data augmentation scheme as in EM algorithm. The performance of the MLEs and various Bayesian point estimates is judged via a simulation study. A real dataset is analyzed for the purpose of illustration.     

Construction of some mixed two- and four-level regular designs with GMC criterion

General minimum lower-order confounding (GMC) criterion is to choose optimal designs, which are based on the aliased effect-number pattern (AENP). The AENP and GMC criterion have been developed to form GMC theory. Zhang et al. (2015 Zhang, T.F., Yang, J.F., Li, Z.M., Zhang, R.C. (2015). Construction of regular 2ⁿ4¹ designs with general minimum lower-order confounding. Commun. Stat. - Theory Methods 46:2724–2735.[Taylor &; Francis Online], [Web of Science ®] , [Google Scholar]) introduced GMC 2ⁿ4^m criterion for choosing optimal designs and constructed all GMC 2ⁿ4¹ designs with N/4 + 1 ? n + 2 ? 5N/16. In this article, we analyze the properties of 2ⁿ4¹ designs and construct GMC 2ⁿ4¹ designs with 5N/16 + 1 ? n + 2 < N ? 1, where n and N are, respectively, the numbers of two-level factors and runs. Further, GMC 2ⁿ4¹ designs with 16-run, 32-run are tabulated.     

Multi‐Case Review of the Application of the Precautionary Principle in European Union Law and Case Law

The precautionary principle was formulated to provide a basis for political action to protect the environment from potentially severe or irreversible harm in circumstances of scientific uncertainty that prevent a full risk or cost‐benefit analysis. It underpins environmental law in the European Union and has been extended to include public health and consumer safety. The aim of this study was to examine how the precautionary principle has been interpreted and subsequently applied in practice, whether these applications were consistent, and whether they followed the guidance from the Commission. A review of the literature was used to develop a framework for analysis, based on three attributes: severity of potential harm, standard of evidence (or degree of uncertainty), and nature of the regulatory action. This was used to examine 15 pieces of legislation or judicial decisions. The decision whether or not to apply the precautionary principle appears to be poorly defined, with ambiguities inherent in determining what level of uncertainty and significance of hazard justifies invoking it. The cases reviewed suggest that the Commission's guidance was not followed consistently in forming legislation, although judicial decisions tended to be more consistent and to follow the guidance by requiring plausible evidence of potential hazard in order to invoke precaution.     

力学原理在动画设计中的运用

力学原理是动画设计的理论基础,其中重力、空气阻力、地面摩擦力以及惯性力、弹力原理在动画设计中运用较多。设计者应理解各种力的原理,将其融入动画设计中,并加以夸张提炼,使动作设计精彩而有运动感。