民事诉讼中举证受阻的对策分析

证明责任是证据制度的核心和关键所在.当一方当事人有优势持有证据而拒不提供时,对举证受阻的一方当事人应该有相应的救济途径和措施,并应责令妨碍举证的一方当事人承担相应的法律责任.由于法律规定的不完善,有必要构建举证时限制度、证据交换制度、证据申请和审查程序,并完善当事人取证制度,以调适、平衡诉讼双方当事人的诉讼能力和利益.     

Asymptotic properties of a conditional maximum-likelihood estimator

Inference for a scalar interest parameter in the presence of nuisance parameters is considered in terms of the conditional maximum-likelihood estimator developed by Cox and Reid (1987). Parameter orthogonality is assumed throughout. The estimator is analyzed by means of stochastic asymptotic expansions in three cases: a scalar nuisance parameter, m nuisance parameters from m independent samples, and a vector nuisance parameter. In each case, the expansion for the conditional maximum-likelihood estimator is compared with that for the usual maximum-likelihood estimator. The means and variances are also compared. In each of the cases, the bias of the conditional maximum-likelihood estimator is unaffected by the nuisance parameter to first order. This is not so for the maximum-likelihood estimator. The assumption of parameter orthogonality is crucial in attaining this result. Regardless of parametrization, the difference in the two estimators is first-order and is deterministic to this order.     

A bayesian approach to a reliability problem: Theory,analysis and interesting numerics

We consider approximate Bayesian inference about the quantity R = P[Y₂> Y₁] when both the random variables Y₁, Y₂ have expectations that depend on certain explanatory variables. Our interest centers on certain characteristics of the posterior of R under Jeffreys's prior, such as its mean, variance and percentiles. Since the posterior of R is not available in closed form, several approximation procedures are introduced, and their relative performance is assessed using two real datasets.     

Devaluation expectations and the unit root hypothesis: The Italian Lira in the European monetary system

Summary In several studies the unit root hypothesis of EMS exchange rates is analysed within the context of devaluation expectations estimation. By means of bootstrap inference it is shown that these procedures are not compatible with standard Dickey-Fuller significance levels and may lead to a wrong rejection of the null hypothesis. In the case of the Italian Lira/Deutsche Mark exchange rate, the hypothesis of a unit root is not rejected and expectations can be modelled by means of a reflected Brownian motion. The estimated devaluation expectations are related with some macro variables which provide evidence for the structure of expectations. This research has been partially supported with 40% and 60% MURST grants. The author wishes to thank the Bank of Italy for the exchange rates and the interest rates data and Ulf S?derstr?m for providing macroeconomic indicators. Useful suggestions from Riccardo Cesari, Michele Costa and two anonymous referees are gratefully acknowledged.     

STATISTICAL CHALLENGES OF AIDS: (The 1990 Knibbs Lecture, Canberra, 27 November 1990)

Issues that are central to the understanding and management of the HIV epidemic have generated numerous statistical challenges. This paper considers questions concerning the incubation period, the effects of treatments, pre diction of AIDS cases, the choice of surrogate end points for the assessment of treatments and design of strategies for screening blood samples. These issues give rise to a broad range of intriguing problems for statisticians. We describe some of these problems, how they have been tackled so far and what remains to be done. The discussion touches on topical statistical methods such as smoothing, bootstrapping, interval censoring and the ill-posed inverse problem, as well as asking fundamental questions for frequentist statistics.     

An analytic method for randomized trials with informative censoring: Part II

Consider a randomized trial in which time to the occurrence of a particular disease, say pneumocystic pneumonia in an AIDS trial or breast cancer in a mammographic screening trial, is the failure time of primary interest. Suppose that time to disease is subject to informative censoring by the minimum of time to death, loss to and end of follow-up. In such a trial, the potential censoring time is observed for all study subjects, including failures. In the presence of informative censoring, it is not possible to consistently estimate the effect of treatment on time to disease without imposing additional non-identifiable assumptions. Robins (1995) specified two non-identifiable assumptions that allow one to test for and estimate an effect of treatment on time to disease in the presence of informative censoring. The goal of this paper is to provide a class of consistent and reasonably efficient semiparametric tests and estimators for the treatment effect under these assumptions. The tests in our class, like standard weighted-log-rank tests, are asymptotically distribution-free -level tests under the null hypothesis of no causal effect of treatment on time to disease whenever the censoring and failure distributions are conditionally independent given treatment arm. However, our tests remain asymptotically distribution-free -level tests in the presence of informative censoring provided either of our assumptions are true. In contrast, a weighted log-rank test will be an -level test in the presence of informative censoring only if (1) one of our two non-identifiable assumptions hold, and (2) the distribution of time to censoring is the same in the two treatment arms. We also study the estimation, in the presence of informative censoring, of the effect of treatment on the evolution over time of the mean of repeated measures outcome such as CD4 count.     

Asymptotically Uniform Tests After Consistent Model Selection in the Linear Regression Model

Abstract

This article specializes the critical value (CV) methods that are based upon (refinements of) Bonferroni bounds, introduced by McCloskey to a problem of inference after consistent model selection in a general linear regression model. The post-selection problem is formulated to mimic common empirical practice and is applicable to both cross-sectional and time series contexts. We provide algorithms for constructing the CVs in this setting and establish uniform asymptotic size results for the resulting tests. The practical implementation of the CVs is illustrated in an empirical application to the effect of classroom size on test scores.     

Conditional inference in finite population sampling under a calibration model

Several estimators, including the classical and the regression estimators of finite population mean, are compared, both theoretically and empirically, under a calibration model, where the dependent variable(y), and not the independent variable(x), can be observed for all units of the finite population. It is shown asymptotically that when conditioned on x, the bias of the classical estimator may be much smaller than that of the regression estimators; whereas when conditioned on y, the regression estimator may have much smaller conditional bias than the classical estimator. Since all the y's(not x's) can be observed, it seems appropriate to make comparison under the conditional distribution of each estimator with y fixed. In this case, the regression estimator has smaller variance, smaller conditional bias, and the conditional coverage probability closer to its nominal level     

The Likelihood Ratio Tests for Homogeneity of Inverse Gaussian Means Under Simple Order and Simple Tree Order

Abstract

The inverse Gaussian (IG) family is now widely used for modeling non negative skewed measurements. In this article, we construct the likelihood-ratio tests (LRTs) for homogeneity of the order constrained IG means and study the null distributions for simple order and simple tree order cases. Interestingly, it is seen that the null distribution results for the normal case are applicable without modification to the IG case. This supplements the numerous well known and striking analogies between Gaussian and inverse Gaussian families     

搜索引擎之竞价排名的法律问题研究

搜索引擎以其全球性、实时性等特点在当今时代发展极为迅速,而竞价排名成为该类网站获得高额利润的首选方式。首先界定了竞价排名的性质以及运营模式,对因竞价排名而对网络用户、商家以及搜索引擎本身产生的影响进行阐述;其次对采取竞价排名的搜索引擎进行了法律责任认定;同时提出了在没有相应的法律对其规制的前提下,运用现有法律及法律基本原则保护合法权益、加强行业规制、建立健全法律制度等建议,以期待搜索引擎的健康发展。