我国刑事诉讼中检、警关系之错位与重构

文章通过对我国检、警关系之现状分析,在考察世界主要国家的立法和实践的基础上,透视我国检、警关系之错位,并基于此提出重构我国检警关系的目标模式及其路径选择.     

A thurstone-type model for paired comparisons with unequal numbers of repetitions

In paired comparison experiments t objects are ranked for any particular characteristic x by offering the objects in all possible pairs to a judge, each pair being repeated a certain number of times. The judge is to express his preference by giving a score 1 to the preferred object and a score 0 to the non-preferred object. A modification of Thurstone Model for analysis of data from such experiments has been given by Mosteller ‘1951a,b,c’. In this paper angular transformation is used to generalize Mosteller1s model in order to make the preference proportions independent and incidentally ensure homo-scedastlcity of variances and correlations and additivlty of scale in the subjective continuum for the stimuli." The model is extended to unequal numbers of repetitions of the pairs. Using the model two different types of treatment ratings are obtained along with the respective standard errors for moderately large numbers of repetitions, one setting the location parameter S, "0 and the other using the constraint S1 + S2 +…,+ St = 0.     

唐代官风

终唐一代对官吏的诠选、考课、监察、恩惠以及高薪养廉等诸方面的措施与政策,敦促官员廉洁奉公,形成了奉法循理、勤政爱民的官风。唐代统治者在总结前朝载舟经验和覆舟教训后,进一步完善了选官制度,严密了官吏监察、考核制度,选拔出一大批居官鲠正、为政清廉的官员。     

Cinematic Terrorism: Deleuze,ISIS and Delirium

This paper will use the concept of time-image discussed by Gille Deleuze in Cinema 1 and Cinema 2 as a heuristic tool for thinking about the Internet films of the Islamic State (ISIS). By considering that ISIS films primarily operate on two different axes: a time-image that presents a recollection of a mythic past, and a movement-image that reverses roles of power and sovereignty with a Western antagonist through mimesis, I discover that although we are unable to consider the ISIS films strictly as documentary, they are nonetheless not representational either. Within this context, I will argue that ISIS films may be experienced as actualizations of a global schizophrenic delirium. The ISIS films demonstrate what Deleuze describes as the “powers of the false.” They show a reality that is unbearable to witness. In the same way that the Marquis de Sade exhibited in life and fiction a physical violence and perversion that were symptomatic of the chaotic and brutal realities of the French Revolution, ISIS itself, and not only its film productions, becomes the foci of a symptomatic and cinematic realization of the failures of our globalized society in the post-Cold War/Arab Spring era. We experience the unbearable violence in the form of schizophrenic delirium, as if this violence is being performed somewhere else, by someone else, to someone else. These forms of spatial and temporal shifts, detachments, and interchanges are emphasized by the arrival of war refugees to the Western world from Syria, Iraq, and Afghanistan. In this process of becoming the Other, there is no escaping the delirium of Otherness.     

英语人体成语的隐喻性

人体各部位和器官被先民用作媒介命名和认知客观世界。这是基于哲学体验主义的隐喻认知观。英语人体成语的隐喻方式可分为"人体域投射于具体域"和"人体域投射于抽象域"两大类。     

Methyl tert Butyl Ether Systemic Toxicity

In male F344 rats exposed in a chronic inhalation study to methyl tertiary butyl ether (MTBE) a treatment related increase in severity of chronic nephropathy and mortality and an increase in hyaline droplets in the kidney were noted. Liver weights were increased in both rats and mice but no histological lesions other than hypertrophy are seen. Transient CNS effects but no indications of permanent nervous system effects were noted. MTBE is not a reproductive or developmental hazard. MTBE is rapidly absorbed. MTBE with some metabolite, tertiary butyl alcohol (TBA) and a little CO₂, are excreted in the air. The urinary excretion products in animals are TBA metabolites, while in humans the urinary excretion products are MTBE and TBA. A comparison of the systemic responses of the possible metabolites TBA and formaldehyde indicate that they are not responsible for toxicity associated with MTBE, except that TBA may be partially responsible for the kidney effects reported. Animals and humans are similar in the uptake and excretion though with some differences in metabolism of MTBE. This supports the use of the animal data as a surrogate for humans.     

Bayesian analysis of the amended Davidson model for paired comparison using noninformative and informative priors

In recent years, numerous statisticians have focused their attention on the Bayesian analysis of different paired comparison models. While studying paired comparison techniques, the Davidson model is considered to be one of the famous paired comparison models in the available literature. In this article, we have introduced an amendment in the Davidson model which has been commenced to accommodate the option of not distinguishing the effects of two treatments when they are compared pairwise. Having made this amendment, the Bayesian analysis of the Amended Davidson model is performed using the noninformative (uniform and Jeffreys’) and informative (Dirichlet–gamma–gamma) priors. To study the model and to perform the Bayesian analysis with the help of an example, we have obtained the joint and marginal posterior distributions of the parameters, their posterior estimates, graphical presentations of the marginal densities, preference and predictive probabilities and the posterior probabilities to compare the treatment parameters.     

Restricted alternatives tests in a bivariate exponential model with covariates

This paper is about the analysis of paired survival data using the exponential bivariate model of Sarkar for the underlying survival times, (X,Y), subject to censoring. Under this parametric model we test parameters in the presence of covariates. We consider first, tests of hypotheses of independence and equality of survival marginals, and second, test of hypotheses of covariate effects and survival superiority of one marginal over the other are considered. For this last question we applied a statistical test based on the Union-intersection principle.     

企业仿生研究中企业部门与人体器官的类比分析

企业仿生理论认为，企业的组织结构和人体的组织结构有相似性，企业的神经系统——信息系统、企业的循环系统——财务和会计、企业的消化系统——生产和销售、企业的免疫系统——危机管理系统，通过这一类比分析和功能分类，把生物体内部的协调机制运用到企业管理中，以维护企业组织系统的有机运转，达到自身与外部环境的协调发展。     

检察机关提起民事公益诉讼问题研究

由检察机关提起民事公益诉讼以维护社会公共利益,是世界各国的通例。我国部分地区的检察机关对此也开展了积极的尝试,取得了良好的法律效果和社会效果,但也遭受了诸如缺乏法律依据,破坏诉讼结构,影响当事人的处分权等质疑。通过分析这些质疑,指出检察机关提起民事公益诉讼的合法性与合理性,并对检察机关提起民事公益诉讼应当遵循的原则,所承担的举证责任和享有的调查权、处分权等问题进行论证,希望能对我国检察机关民事公益诉讼制度的构建有所裨益。