协动主义下的审理契约论

与诉讼契约有所不同,审理契约之主体范围突破了双方当事人的限制,涵盖了法院。于审理构造而言,审理契约最为重要的就是两造与法官所达成的关于审理计划和争点决定的合意。就诉讼契约的成立与撤回要件、形式、内容及效果等也因种类不同而各异。在协动主义的审理模式下,认可审理契约不仅有助于实现口头辩论的集中化,而且有助于提高审理的计划性,促进审理的高效运营。     

R–estimation of normed bivariate density functions

Normed bivariate density funtions were introduced by HOEFFDING (1940/41). In the present paper estimators for normed bivariate ranks and on a FOURIER series expansion in LEGENDRE polynomials. The estimation of normed bivarate density functions under positive dependence is also described     

A Comparison of Hierarchical Methods for Clustering Functional Data

Functional data analysis (FDA)—the analysis of data that can be considered a set of observed continuous functions—is an increasingly common class of statistical analysis. One of the most widely used FDA methods is the cluster analysis of functional data; however, little work has been done to compare the performance of clustering methods on functional data. In this article, a simulation study compares the performance of four major hierarchical methods for clustering functional data. The simulated data varied in three ways: the nature of the signal functions (periodic, non periodic, or mixed), the amount of noise added to the signal functions, and the pattern of the true cluster sizes. The Rand index was used to compare the performance of each clustering method. As a secondary goal, clustering methods were also compared when the number of clusters has been misspecified. To illustrate the results, a real set of functional data was clustered where the true clustering structure is believed to be known. Comparing the clustering methods for the real data set confirmed the findings of the simulation. This study yields concrete suggestions to future researchers to determine the best method for clustering their functional data.     

The Effects of a Computer Network on Pediatric Pain and Anxiety

SUMMARY

The objective of this study was to test the impact of an enhanced version of STARBRIGHT World (SBW2)-a private computer network for hospitalized children. The impact of SBW2 was assessed with a series of 44 replicated single system designs. Utilizing an ecological momentary assessment approach, self-reports were obtained regarding children's perceptions of their pain intensity, pain aversive-ness and anxiety. The results from the single system designs were aggregated using meta-analysis. Children experienced significantly less pain intensity, pain aversiveness, and anxiety in the SBW2 condition. These findings provide evidence regarding the effectiveness of SBW2 and demonstrate the utility of employing meta-analysis with single system designs.     

Web-Enhanced Preservice Training for Prospective Resource Parents: A Randomized Trial of Effectiveness and User Satisfaction

ABSTRACT

Traditionally, prospective resource parents must attend all preservice training in person. Although live sessions are necessary for screening applicants, instructional portions of training could be enhanced by Web-based sessions. This pilot study compares the effectiveness of online and classroom versions of one session from a widely used preservice training program. Ninety-two individuals enrolled in the program in two states were randomly assigned to a treatment group that viewed an online version of the class on child abuse and neglect or to a comparison group that took the same class in person. Written questionnaires were completed before and after the class. Significant group differences on knowledge of child maltreatment and empathy toward birth parents plus high user satisfaction were hypothesized. Analysis of covariance results showed the online training was more effective than the live training at increasing knowledge. Multivariate analysis of covariance findings on empathy were not significant but trended toward greater empathy for the online group. Feedback indicated high satisfaction with the online course. The finding that online instruction is more effective than live instruction has positive implications for practice, because Web-based training offers advantages like standardizing instruction, cutting agency and trainee costs, and providing greater flexibility.     

我国产业集群促进实践中的问题研究——基于欧洲各国的集群政策经验

将我国地方政府与欧洲各国地方政府集群促进与政策实践比较之后发现,政府在集群促进中的角色设定上,在集群运行机理认识上,在政策工具运用上,在集群识别与支持对象选择上,在政府集群促进行动方式上,在政府对于集群资助方式上均存在着较大差异。分析讨论表明,这些差异主要不是因为国情不同,或体制不同造成的,而是因为地方政府对市场经济不适应造成的,进而揭示并讨论了我国一些地方政府集群促进政策实践中的问题。     

Inference in Targeted Group‐Sequential Covariate‐Adjusted Randomized Clinical Trials

This article is devoted to the construction and asymptotic study of adaptive, group‐sequential, covariate‐adjusted randomized clinical trials analysed through the prism of the semiparametric methodology of targeted maximum likelihood estimation. We show how to build, as the data accrue group‐sequentially, a sampling design that targets a user‐supplied optimal covariate‐adjusted design. We also show how to carry out sound statistical inference based on such an adaptive sampling scheme (therefore extending some results known in the independent and identically distributed setting only so far), and how group‐sequential testing applies on top of it. The procedure is robust (i.e. consistent even if the working model is mis‐specified). A simulation study confirms the theoretical results and validates the conjecture that the procedure may also be efficient.     

刑事审判程序拒绝预断的两条路径

各国刑事审判程序对预断的“拒绝”，可分为事前防止和事后排除两种途径。正因如此，认为“大陆法系职权主义刑事诉讼没有预断排除规则”的观点值得商榷。显而易见的是，对事前防止与事后排除的不同侧重，正是两种审判模式对待预断的区别之处。预断的作用机制，在心理学上可用“首因效应”来解释，从预断的发生、防止和排除三个方面入手进行分析十分必要，由此得以阐明两种审判模式拒绝预断的不同进路。并且从法制国家的程序设置来看，拒绝预断只是保障公正审判的诸多手段之一。     

Systematic latin squares

In order to properly utilize restricted randomization in the selection of t × t Latin squares it is necessary to have some idea of the various types of systematic Latin squares that should be removed from the admissible sets. The best known systematic squares are the diagonal squares and the Knut Vik squares. When t is not a prime number there are various other types of diagonal and balanced Latin squares. Eleven types of 4 × 4 Latin squares, each of them being systematic, are identified, displayed, and their properties indicated. Eight types of systematic 6 × 6 Latin squares are also identified and displayed. The effect of removing systematic squares from the admissible sets of Latin squares is discussed. Recommendations are made on when a restricted randomization procedure is to be preferred to a full randomization procedure in the selection of a random t × t Latin square.     

论非法侵入住宅罪的对象及亲告问题

对非法侵入住宅罪中"住宅"的含义应作正确理解。"住宅"具有以下特征:一定的日常生活设备,有相对隔离性,必须是供他人起居、饮食的生活场所。出于中国文化观念、刑法谦抑性以及社会现实等因素考虑,宜将非法侵入住宅罪设立为"亲告罪"。