The Guidance Function of Cases of Misappropriation of Public Funds in Transitional China—With the Reference to Criminal Trial of the Supreme People’s Court of China as a Sample of Analysis

相对于贪污、受贿等传统型腐败犯罪, 挪用公款罪不是常态性罪名, 而是针对社 会转型刑法应对的成果。该罪的立法、司法过程中存在着诸多纠结, 这使得判例参考 的价值凸显。最高人民法院十分重视对该罪判例的公布, 这为现实裁决提供了指导和 参考作用。最近10年所公布挪用公款罪判例折射出司法的重心是: 注重主体身份的实 质公务性、从形式合理性理解“归个人使用”、慎重解释“公款”的内涵。判例公布 在有利于同案同判的同时, 也成为促进理论与实践的助推器。

关键词: 腐败犯罪 挪用公款 社会转型 判例 ?刑事审判参考?

Compared with the traditional offenses of embezzlement, bribe-taking and so on, the misappropriation of public funds is not a routine charge but a result of the response of criminal law to social transition. The fact that a number of difficulties have arisen in legislative and judicial procedures relating to this offense makes the value of case reference material significant. The Supreme People’s Court of China attaches great importance to the publication of cases of misappropriation of public funds, which offer guidance and reference for real-life adjudication. Cases publicized in the last decade reflect a judicial emphasis—they focus on the official nature of the duties performed by the subject, on understanding “for individual use” from the viewpoint of formal rationality and on a cautious interpretation of the connotations of “public funds.” Publicizing such cases facilitates reaching the same verdict in similar cases and at the same time acts as a catalyst for the advancement of theory and practice.     

基于solaris平台的DNS服务器侦测和阻止DOS攻击的实现

DNS服务器所面临的威胁集中表现出了互连网的脆弱性,针对DNS服务器的拒绝服务攻击是DNS服务器面临的最大威胁.提出了一种针对查询攻击进行侦测和阻止的思路,并且在solaris的平台上用perl语言来实现,能够保证DNS服务器有效地抵御常规攻击,为正常用户提供及时的服务.同时,本文也对伪造源IP的分布式拒绝服务攻击提出了一种解决方案.     

“It's the Beast Thing”

This article examines the representations of men and masculinities in contemporary crime narratives featuring a female protagonist. These “chick dick” stories (which adapt elements from the hardboiled detective novel, film noir, chick lit, and chick flicks) repeatedly engage with the gendered power dynamics made visible and problematic through the intersection of “chick” and crime genres, most particularly the sexualization of violence. In these narratives, popular masculinities operate as deployable concepts to dramatize contemporary gender relations. By tapping into the popular sentiment of a “crisis in masculinity,” chick dick texts also mobilize a rhetoric of unrepresentable male victimization and individual male pathologies. This strategy highlights the spaces and places in which masculinities are made vulnerable at the same time as it offers simplistic and individualized explanations for the systemic sexualized violence that dominate these narratives.     

Asymptotic behaviour of a test statistic for detection of change in mean of vectors

The paper gives an asymptotic distribution of a test statistic for detecting a change in a mean of random vectors with dependent components. The studied test statistic has a form of a maximum of a square Euclidean norms of vectors with components being standardized partial cumulative sums of deviations from means. The limit distribution was obtained using a result of Piterbarg [1994. High deviations for multidimensional stationary Gaussian processes with independent components. In: Zolotarev, V.M. (Ed.), Stability Problems for Stochastic Models, pp. 197–210].     

Neighborhood Organizations and Resident Assistance to Police1

Police and scholars note that successful crime fighting requires police and residents to “co‐produce” public safety. However, residents are often reluctant to get involved in policing initiatives or even report crimes they witness. One possible means of stimulating resident involvement in crime‐control activities is through neighborhood organizations. This research, conducted on 1,313 residents of 42 neighborhoods in western South Carolina, investigates whether neighborhood organization participation increases the likelihood of assisting police in crime‐control efforts. Results indicate that organization participants are more likely to assist police than are nonparticipants, even after controlling for social cohesion, perceptions of police legitimacy, various policing strategies, fear of crime, and demographic factors.     

A single-featured EWMA-X control chart for detecting shifts in process mean and standard deviation

The combined EWMA-X chart is a commonly used tool for monitoring both large and small process shifts. However, this chart requires calculating and monitoring two statistics along with two sets of control limits. Thus, this study develops a single-featured EWMA-X (called SFEWMA-X) control chart which has the ability to simultaneously monitor both large and small process shifts using only one set of statistic and control limits. The proposed SFEWMA-X chart is further extended to monitoring the shifts in process standard deviation. A set of simulated data are used to demonstrate the proposed chart's superior performance in terms of average run length compared with that of the traditional charts. The experimental examples also show that the SFEWMA-X chart is neater and easier to visually interpret than the original EWMA-X chart.     

Social Worker Supervision with Novice and Experienced Workers

ABSTRACT

This empirical study compares the perceptions of social work supervisors about the needs of novice and experienced social work supervisees. The respondents, 211 supervisors in public welfare agencies in Israel, provided novice workers more supervisory time in 6 of the 8 content areas examined: administrative matters; inspection and control; inter-organizational communication; client issues; job-related tensions; and personal tensions. Projects in the community were given priority to experienced rather than novice supervisees, and professional development was regarded by the supervisors as equally important for novice and experienced workers. Comparisons were also made between the actual and preferred supervisory time allotment.     

错误汇款领得行为的刑法评价

在银行柜台或自动取款机上将钱款错误汇入他人账户,账户名义人对此明知而支取领得的,在其刑法属性的评价上存在夺取罪说、占罪说与无罪说的对立.三种学说在账户名义人对错误汇转的钱款是否具备法律上的占有、错误汇转钱款的所有权归属等存在差异.错误汇转的钱款之上即便欠缺作为原因的法律关系,账户名义人仍可不受限制地自由支取钱款,故其对钱款具备法律上的占有.汇款人将钱汇入他人账户后,便丧失了对钱款的所有权与占有,银行只不过处于钱款管理者的地位,账户名义人是钱款的所有权者.账户名义人支取钱款的行为具有权利行使的法律属性,其获取了不应有的财产利益不应作为认定构成犯罪的理由,只是在民法上负有不当得利返还之义务.     

危害食品安全刑事案件具体法律应用问题研究

食品安全事故频发，保障食品安全已引起社会广泛关注。刑法作为保障食品安全的最后一道屏障，由于其对危害食品安全犯罪的定性不当、保护范围较窄、保护滞后等问题，有大量危害食品安全犯罪案件未进入司法程序，凸显了刑法在惩处食品安全犯罪行为过程中的乏力，也在一定程度上纵容了危害食品安全的犯罪行为。应借鉴美国立法，完善我国危害食品安全犯罪刑事立法，形成严密的刑事立法体系，克服危害食品安全犯罪在刑法规制上的不足。     

On Calculations Involving the Maximum Cell Frequency

We describe a method of computing the cumulative distribution function of the maximum and minimum cell frequencies in sampling distributions commonly encountered in the analysis of categorical data.The procedure is efficient for exact or approximate calculation in both homogeneous and non-homogeneous cases, is non-recursive, and does not require Dirichlet integrals.Some related statistical problems are also discussed.