论特殊防卫的性质

当前,社会各界对正当防卫和防卫限度问题正在开展新一轮反思。针对刑法第20条第3款规定的防卫行为,学界的称谓千差万别,主要有无限防卫(权)、特殊防卫(权)、无过当之防卫、预防性正当防卫等。从语言逻辑关系和刑法条文规范表达的角度看,"特殊防卫"的称谓更符合第3款关于防卫限度的特殊规定。第3款内容在实质侧面受正当防卫认识、防卫限度要件的约制,在形式侧面符合规范用语的体系表达,不是第1、2款内容的拟制性规定,而是提示性规定。防卫的权利性质受权威主义和自由主义的国家范式的影响。在我国弱的权威主义和法律家长主义的影响下,特殊防卫带有明显的义务性质,是权利与义务的统一。     

论网络环境下版权限制制度的新内容

随着现代科技尤其是数字技术和计算机网络技术的迅速发展,版权限制制度遇到了新的挑战,不仅其核心制度—合理使用制度的范围有了新的变化,而且默示许可制度也加入到版权限制制度之中。     

An Examination of Coping Resources of Very Old Men and Women:

This paper explores the stressors, hassles and coping processes of very old men and women in relation to their physical and instrumental functioning. Sex differences exist in relation to hassles, coping processes and instrumental functioning. Results of regression analyses show that the relationships between stresses and hassles and two types of function, instrumental and physical, are mediated by the elder's personal resources and coping strategies. Although when sex is considered as an independent measure, it has no significant relationship to either type of function.     

Optimal Binning Strategies Under Squared Error Loss in Selective Assembly with a Tolerance Constraint

Selective assembly is an effective approach for improving the quality of a product assembled from two types of components when the quality characteristic is the clearance between the mating components. In this article, optimal binning strategies under squared error loss in selective assembly when the clearance is constrained by a tolerance parameter are discussed. Conditions for a set of constrained optimal partition limits are given, and uniqueness of this set is shown for the case when the dimensional distributions of the two components are identical and strongly unimodal. Some numerical results are reported that compare constrained optimal partitioning, unconstrained optimal partitioning, and equal width partitioning.     

Tolerance limits - a review

This review covers some known results on tolerance limits for univariate distributions. Results for parametric continuous and discrete distributions as well as those based on nonparametric methods are included. Some general results, including those for certain restricted families of distributions are also covered. Sample size determination and related problems are discussed     

Some recent results for series system reliability

Asymptotic properties of key test results ate obtained. Some further results on the Lindstrom-Madden method are given, including a binomial-Poisson inequality, together with some numerical examples. Simplified proofs of some results of Pledger and Proschan (1971) and Nevius, Proschan and Sethuraman (1977) are provided and the listing of a FORTRAN program to calculate a lower bound to the 1-α lower confidence limit on the system reliability is given.     

Binomial confidence limits adjusted for a confounding variable

A simple transformation of classical binomial confidence limits provides exact confidence limits in situations where a confounding variable is present. An example is the multiple-choice test, where a correct answer may represent either knowledge or guesswork, the latter being the confounding variable.     

On testing and estimating the interaction between treatments and environmental conditions in binomial experiments: The case of two stations

Estimating confidence intervals for the interaction between treatments and environmental conditions in binomial experiments is analyzed. Testing the interaction is studied also. The problem is reduced to that of estimating or testing the interaction parameter in 2 × 2 × 2 contingency tables with given marginals. Programs for determining the exact conditional tests and their power functions are provided for sample of size not exceeding 100. Large sample approximations based on maximum likelihood (ML) and on the arcsin transformation for proportions are studied.     

Bayesian infermce about the reliability function foe the exponential distributions

The posterior distributions and the posterior bounds of the reliability functions have been derived for the one and twoparameter exponential distributions. Using Grubbs' (1971) data the posteriors are tabulated and plotted and their robustness studied     

理论何为?——从"审美意识形态论"论争说起

审美意识形态论的论争源于评判标准不同,有效评判必须触及文学理论话语的生成机制.政治文化、学术体制与教育机制的变化使得审美意识形态论的理论范式面临着挑战.