程序正义理念下的死刑复核问题探析

受我国传统刑事诉讼价值取向的影响,现行死刑复核程序在实践运行中一直存在着很多问题,大大影响到死刑复核程序功能的实现。死刑核准权统一收归最高人民法院行使,既让我们在死刑复核问题上看到了希望,又给我们提出了新的研究课题。虽然近期最高人民法院及相关部门颁布了一系列指导死刑复核程序运作的相关规定,但从实际操作效果来看,仍有一些问题需要进一步明确。     

Marginal homogeneity,symmetry, and independence

A contingency table of the mc form provides a convenient summary of data when c individuals in a matched set9 each belonging to a different one of c classifications, are identified as belonging to one of m categories, A study in which matched sets (c=3) of 1 case, 1 hospital control, and 1 neighborhood control are classified into one of m=4 occupational categories would be an example, Independence in the cxm tables for each of the matched sets implies symmetry in the summary mc table with consequent marginal homogeneity. Adaptation of the Mantel-Haenszel procedure for testing independence to the case of many cxm tables so as to yield a chi square with (cl)(ml) degrees of freedom (DF) provides a test of marginal homogeneity in the summary mc table. This can be viewed as a test of symmetry directed against alternatives which would make for marginal inhomogeneity and can differ     

Asymptotic relative efficiency of wald tests in measurement error models

In this paper, asymptotic relative efficiency (ARE) of Wald tests for the Tweedie class of models with log-linear mean, is considered when the aux¬iliary variable is measured with error. Wald test statistics based on the naive maximum likelihood estimator and on a consistent estimator which is obtained by using Nakarnura's (1990) corrected score function approach are defined. As shown analytically, the Wald statistics based on the naive and corrected score function estimators are asymptotically equivalents in terms of ARE. On the other hand, the asymptotic relative efficiency of the naive and corrected Wald statistic with respect to the Wald statistic based on the true covariate equals to the square of the correlation between the unobserved and the observed co-variate. A small scale numerical Monte Carlo study and an example illustrate the small sample size situation.     

Competition and The Operational Performance of Hospitals: The Role of Hospital Objectives

We examine the effect of a hospital's objective (i.e., non‐profit vs. for‐profit) in hospital markets for elective care. Using game‐theoretic analysis and queueing models to capture the operational performance of hospitals, we compare the equilibrium behavior of three market settings in terms of such criteria as waiting times and patient costs from waiting and hospital payments. In the first setting, a monopoly, patients are served exclusively by a single non‐profit hospital; in the second, a homogeneous duopoly, patients are served by two competing non‐profit hospitals. In our third setting, a heterogeneous duopoly, the market is served by one non‐profit hospital and one for‐profit hospital. A non‐profit hospital provides free care to patients, although they may have to wait; for‐profit hospitals charge a fee to provide care with minimal waiting. A comparison between the monopolistic and each of the duopolistic settings reveals that the introduction of competition can hamper a hospital's ability to attain economies of scale and can also increase waiting times. Moreover, the presence of a for‐profit sector may be desirable only when the hospital market is sufficiently competitive. A comparison across the duopolistic settings indicates that the choice between homogeneous and heterogeneous competition depends on the patients' willingness to wait before receiving care and the reimbursement level of the non‐profit sector. When the public funder is not financially constrained, the presence of a for‐profit sector may allow the funder to lower both the financial costs of providing coverage and the total costs to patients. Finally, our analysis suggests that the public funder should exercise caution when using policy tools that support the for‐profit sector—for example, patient subsidies—because such tools may increase patient costs in the long run; it might be preferable to raise the non‐profit sector's level of reimbursement.     

Penalized proportion estimation for non parametric mixture of regressions

Abstract

In this article, we propose a penalized local log-likelihood method to locally select the number of components in non parametric finite mixture of regression models via proportion shrinkage method. Mean functions and variance functions are estimated simultaneously. We show that the number of components can be estimated consistently, and further establish asymptotic normality of functional estimates. We use a modified EM algorithm to estimate the unknown functions. Simulations are conducted to demonstrate the performance of the proposed method. We illustrate our method via an empirical analysis of the housing price index data of United States.     

集体土地所有权实现的价值目标、基本原则与制度框架

集体土地所有权实现是长期困扰学术界的研究命题。我们既无法直接沿用传统物权法知识进行分析,也不能纯粹依据现实做出判定。《物权法》在文本结构上已经确认,集体土地所有权是成员集体享有的“所有权”。在现代法治中国,集体土地所有权实现应当以经济效益、实质公平、经济安全为基本诉求。在法律规制与乡村自治协调、法律保障与政策指导互动、个体利益与集体利益均衡等基本原则的指引下,建构科学合理的集体土地所有权实现相关制度框架。     

Exploring Parameter Relations for Multi‐Stage Models in Stage‐Wise Constant and Time Dependent Hazard Rates

Single cohort stage‐frequency data are considered when assessing the stage reached by individuals through destructive sampling. For this type of data, when all hazard rates are assumed constant and equal, Laplace transform methods have been applied in the past to estimate the parameters in each stage‐duration distribution and the overall hazard rates. If hazard rates are not all equal, estimating stage‐duration parameters using Laplace transform methods becomes complex. In this paper, two new models are proposed to estimate stage‐dependent maturation parameters using Laplace transform methods where non‐trivial hazard rates apply. The first model encompasses hazard rates that are constant within each stage but vary between stages. The second model encompasses time‐dependent hazard rates within stages. Moreover, this paper introduces a method for estimating the hazard rate in each stage for the stage‐wise constant hazard rates model. This work presents methods that could be used in specific types of laboratory studies, but the main motivation is to explore the relationships between stage maturation parameters that, in future work, could be exploited in applying Bayesian approaches. The application of the methodology in each model is evaluated using simulated data in order to illustrate the structure of these models.     

Nonparametric Estimation of the Number of Drug Users in Hong Kong Using Repeated Multiple Lists

We update a previous approach to the estimation of the size of an open population when there are multiple lists at each time point. Our motivation is 35 years of longitudinal data on the detection of drug users by the Central Registry of Drug Abuse in Hong Kong. We develop a two‐stage smoothing spline approach. This gives a flexible and easily implemented alternative to the previous method which was based on kernel smoothing. The new method retains the property of reducing the variability of the individual estimates at each time point. We evaluate the new method by means of a simulation study that includes an examination of the effects of variable selection. The new method is then applied to data collected by the Central Registry of Drug Abuse. The parameter estimates obtained are compared with the well known Jolly–Seber estimates based on single capture methods.     

Affine LIBOR models driven by real-valued affine processes

The class of affine LIBOR models is appealing since it satisfies three central requirements of interest rate modeling. It is arbitrage-free, interest rates are nonnegative, and caplet and swaption prices can be calculated analytically. In order to guarantee nonnegative interest rates affine LIBOR models are driven by nonnegative affine processes, a restriction that makes it hard to produce volatility smiles. We modify the affine LIBOR models in such a way that real-valued affine processes can be used without destroying the nonnegativity of interest rates. Numerical examples show that in this class of models, pronounced volatility smiles are possible.     

Subgroup Analysis with Time‐to‐Event Data Under a Logistic‐Cox Mixture Model

Subgroup detection has received increasing attention recently in different fields such as clinical trials, public management and market segmentation analysis. In these fields, people often face time‐to‐event data, which are commonly subject to right censoring. This paper proposes a semiparametric Logistic‐Cox mixture model for subgroup analysis when the interested outcome is event time with right censoring. The proposed method mainly consists of a likelihood ratio‐based testing procedure for testing the existence of subgroups. The expectation–maximization iteration is applied to improve the testing power, and a model‐based bootstrap approach is developed to implement the testing procedure. When there exist subgroups, one can also use the proposed model to estimate the subgroup effect and construct predictive scores for the subgroup membership. The large sample properties of the proposed method are studied. The finite sample performance of the proposed method is assessed by simulation studies. A real data example is also provided for illustration.