中国刑法视野下的被害人承诺

被害人承诺作为一项正当化事由，包含着重要的刑法价值，它对如何在维护刑法正义的前提下，实现人的自主决定权最大化起关键作用。被害人承诺是指符合犯罪构成要件，但由于被害人承诺放弃该利益而可能得到刑法宽容评价的行为。以相当性为基础，被害人承诺具有阻却违法性之刑法效果。被害人承诺阻却违法性的理论依据是被害人对于自己有权支配和处分的利益在不侵害公共利益的前提下放弃了刑法的保护。     

Nonparametric bootstrap of sample means of positive-definite matrices with an application to diffusion-tensor-imaging data analysis

This paper presents nonparametric two-sample bootstrap tests for means of random symmetric positive-definite (SPD) matrices according to two different metrics: the Frobenius (or Euclidean) metric, inherited from the embedding of the set of SPD metrics in the Euclidean set of symmetric matrices, and the canonical metric, which is defined without an embedding and suggests an intrinsic analysis. A fast algorithm is used to compute the bootstrap intrinsic means in the case of the latter. The methods are illustrated in a simulation study and applied to a two-group comparison of means of diffusion tensors (DTs) obtained from a single voxel of registered DT images of children in a dyslexia study.     

弱交换半群的张量积与可分半群的张量积

建立了弱交换半群的张量积,讨论了弱交换半群与可分半群的关系,在此基础上,进一步建立了可分半群的张量积.     

我国刑法中走私犯罪的特征及其惩治

随着国家经济和社会发展,走私犯罪不断出现新情况和新特点。为适应惩治走私犯罪之司法实践的需要,中国内地立法和司法领导机关不断创制、修改、补充和调整法律、司法解释,构筑了目前我国惩治走私犯罪相对完备的罪名体系,体现出法网严密、惩罚严厉等惩治特点。但是,从科学合理和发展的眼光来考量,走私犯罪中关于武装走私行为的定性问题、增加保税货物的种类问题、不准确关键用语的修改问题、限制和废止死刑问题等方面的立法还存在一些需要完善的地方。     

以法定情节为视角解析串通投标罪

刑法规定串通投标行为“情节严重”的构成犯罪,但由于“情节”一词笼统含糊,缺乏可操作性,造成司法适用中的分歧。本文以犯罪情节的一般理论为基础,将“情节严重”界定为串通投标罪的构成要件,并对司法实践中如何认定“情节严重”进行了探讨。     

存在共圆Killing向量场的拟共形黎曼流形

本文推广了《关于无穷小共圆运动几个定理》(罗崇善)的若干结果,得到:若一个拟共形平坦(拟共形半对称或拟共形循环)流形 M~n(n≥4)存在一个共圆 Killing 向量场,则 M~n 是常曲率流形,或拟常曲率流形或ρ的梯度是 M~n 的平行向量场.     

Residuals in the Extended Growth Curve Model

Abstract.  The Extended Growth Curve model is considered. It turns out that the estimated mean of the model is the projection of the observations on the space generated by the design matrices which turns out to be the sum of two tensor product spaces. The orthogonal complement of this space is decomposed into four orthogonal spaces and residuals are defined by projecting the observation matrix on the resulting components. The residuals are interpreted and some remarks are given as to why we should not use ordinary residuals, what kind of information our residuals give and how this information might be used to validate model assumptions and detect outliers and influential observations. It is shown that the residuals are symmetrically distributed around zero and are uncorrelated with each other. The covariance between the residuals and the estimated model as well as the dispersion matrices for the residuals are also given.     

Collaborative filtering for massive multinomial data

Content recommendation on a webpage involves recommending content links (items) on multiple slots for each user visit to maximize some objective function, typically the click-through rate (CTR) which is the probability of clicking on an item for a given user visit. Most existing approaches to this problem assume user's response (click/no click) on different slots are independent of each other. This is problematic since in many scenarios CTR on a slot may depend on externalities like items recommended on other slots. Incorporating the effects of such externalities in the modeling process is important to better predictive accuracy. We therefore propose a hierarchical model that assumes a multinomial response for each visit to incorporate competition among slots and models complex interactions among (user, item, slot) combinations through factor models via a tensor approach. In addition, factors in our model are drawn with means that are based on regression functions of user/item covariates, which helps us obtain better estimates for users/items that are relatively new with little past activity. We show marked gains in predictive accuracy by various metrics.     

Prayer and Liturgy as Constitutive‐Ends Practices in Black Immigrant Communities

Much social theory tends to emphasize the external goods of social practices, often neglecting the internal goods of those practices. For example, many analyses of religious rituals over‐emphasize the instrumental and individualistic ends of prayer and liturgy by describing such religious practices as effective means for achieving external ends like positive emotions, psychological benefits, social status, or social capital. By contrast, we use a neo‐Aristotelian virtue ethics perspective to analyze the relational goods, such as trust and intimacy, which are expressed and sustained through ritualized social practices. Using ethnographies of Haitian and Ghanaian Christians in the U.S., we demonstrate that prayer and liturgy can also be understood as constitutive‐ends practices, practices in which human persons engage to sustain relations with others because there are goods inherent to those relationships. We further argue that in many religious practices, the end goals and the means—i.e. specific aspects of the practice—are inseparable. Our approach to developing theory combines critical engagement with numerous other theorists and also exploring how well various theories can explain the motivations and experiences of participants in the religious rituals where we conducted our ethnographies.