以正当程序来审视瑕疵证据的补正和合理解释

正当程序理念是英美法系法律思想、法律传统的体现,是公民个人所享有公平的最低限度标准,也是人类对正义理想的追求。从正当程序角度审视瑕疵证据的补正和合理解释,通过分析我国司法实务中对瑕疵证据的补正和合理解释的适用情形,说明在立法和司法上对正当程序的偏离,进而回归瑕疵证据本身,以后来看其对正当程序的影响。     

Single-machine batch delivery scheduling with an assignable common due window

This paper addresses a batch delivery single-machine scheduling problem in which jobs have an assignable common due window. Each job will incur an early (tardy) penalty if it is early (tardy) with respect to the common due window under a given schedule. There is no capacity limit on each delivery batch, and the cost per batch delivery is fixed and independent of the number of jobs in the batch. The objective is to find the optimal size and location of the window, the optimal dispatch date for each job, as well as an optimal job sequence to minimize a cost function based on earliness, tardiness, holding time, window location, window size, and batch delivery. We show that the problem can be optimally solved in O(n⁸)$O(n^8)$ time by a dynamic programming algorithm under a reasonable assumption on the relationships among the cost parameters. A computational experiment is also conducted to evaluate the performance of the proposed algorithm. We also show that some special cases of the problem can be optimally solved by lower order algorithms.     

Judicious order acceptance and order release in make-to-order manufacturing systems

This paper explores a two-stage input control system for fixed capacity make-to-order manufacturing systems (with heavy job tardiness penalties), that selectively accepts incoming orders and holds the accepted ones in a pre-shop queue prior to releasing them to the shop floor. Single-stage input control systems that only allow orders to be delayed in a pre-shop queue (i.e. they do not allow some orders to be rejected) have been previously investigated and found to negatively impact overall due-date performance. The hypothesis motivating this research is that judiciously rejecting a subset of incoming orders can prevent the order release queue from being overloaded when a surge of demand occurs. The input control system is evaluated via experiments using a discrete-event simulation model of a fixed capacity manufacturing system. The experiments reported here suggest that holding orders in the pre-shop queue does not improve due date performance, and that judiciously rejecting orders on its own is a viable alternative mechanism of input control that can deliver improved performance.     

土地征用法律程序的失范与完善

国家行使土地征用权的机会结构是土地征用制度改革中的一个焦点问题,土地征用权正当合理的行使,不仅需要在实体法上进行规制,更需要完善程序法来实现进一步控制。在土地征用启动环节中建立公告程序、公共利益认定程序,明晰土地征用补偿纠纷救济程序,有助于提高政府公共政策的社会可接受性,避免征地过程中的抗争行为。     

An investigation of order release and flow time allowance policies for assembly job shops

The effects of a number of essentially different work order release and flow time allowance policies on the assembly order flow times and assembly order due date performance are investigated. Work orders within an assembly order have different routing length. The assembly order flow time is the time that elapses between the release of the first work order and the completion of the last work order of the assembly order. The timing of the release of work orders, and the distribution of the flow time allowance over the work orders in an assembly order were varied, and used systematic computer simulation to investigate the effects on performance. The results show that the best performance is obtained with simultaneous work order release, an average operation flow time allowance equal to the average operation waiting time and equalized flow time allowances per work order in an assembly order.     

断裂在文本与秩序之间——《劳动合同法》立法元问题反思

新《劳动合同法》在施行后出现严重的法律规避现象,因此特别需要反思如此一个立法元问题:意旨良善的法律文本何以无法顺利生成良好的预期秩序?论文通过探析对从文本到秩序生成机理,确认了立法正当性追问对于此生成机理的特别意义。为消解立法正当性追问所蕴含的程序正当与实体正义两个面相之内在张力,特别考察了在中国语境下,立法正当程序所具备的可促进预期秩序生长的反思性整合的特别功效。此种探源可为理解相关法律规避现象提供更深切的理论参照。     

论我国鉴定制度的模式选择——来自英、美中立专家的启示

鉴定制度改革的核心问题,就是如何保障鉴定结论的客观性与鉴定程序的正当性。在这两个方面,我们可以从英美国家的中立专家证人制度中得到很好的启发。与英美对抗制专家证人相比,中立专家可以很好地保障专家证言的客观性和程序的效率;与大陆法国家的鉴定人制度相比,中立专家可以确保当事人的诉讼权利和程序的公正性。因此,为了适应诉讼制度的发展要求,我国的鉴定制度改革可以采取这样的路径:在民事诉讼中主要采取对抗制专家证人为主,中立专家为辅的制度;而在刑事诉讼中则采取中立专家证人制度。     

论立法的合理理性

法律理性化是西方法律文明从古希腊以来一以贯之的传统.通过对法律理性概念的分析,剔除了其中的形而上的部分,并建立起合理理性的概念.继而阐述了合理理性在立法中的重要作用,指出立法所应遵循的原则.     

Reconfiguring Child and Parental Rights: A Case for Coerced Contraception

Flagrant child abuse and neglect touches community sensibilities and suggests the option of coerced contraception in dealing with irresponsible contraception. This idea is resisted by the notion that the right to reproduce is fundamental. Law and ethics uphold this right, seeing it grounded in privacy and bodily integrity. Gender, race and class issues also argue against the idea of coerced contraception. This essay challenges these traditional positions by constructing a case for coerced contraception from several viewpoints. On balance, the right to reproduce has considerably less legal and moral weight compared to the birthright of the child not to be harmed and to have an open future. Examined critically, coerced contraception does not represent an unusual or excessive burden. Strict scrutiny and due process issues are addressed in allowing coerced contraception to become public policy. Various objections to this thesis are anticipated and answered. These include, but are not limited to, the ideas that personal dignity and the physician patient relationship are endangered and that a slippery slope would lead to greater restrictions on personal freedom. Charles F. Thurber is Clinical Assistant Professor, University of Virginia School of Medicine, Virginia.     

On the integration of due date setting and order release control

This paper calls for a paradigm shift in the production control literature away from assuming due date setting and order release are two independent decision levels. When order release is controlled, jobs do not enter the shop floor directly but are retained in a pre-shop pool and released to meet certain performance targets. This makes the setting of accurate planned release dates – the point at which jobs transition from the pool to the shop floor – a key consideration when setting due dates. We develop a new approach to estimating planned release dates to be embedded in the Workload Control (WLC) concept. Our approach is unique as it anticipates the release decision as part of the due date setting procedure. This makes a second independent release decision superfluous and avoids a major cause of tardiness – deviations between (i) the planned release date used when calculating the delivery time allowance and (ii) the actual, realised release date. Simulation is used to compare the performance of WLC using two decision levels with the new single-level approach where the release decision is anticipated when setting the due date. Performance improvements are shown to be robust to uncertainty in processing time estimates.