论间接故意与过于自信的过失 --理论与实际的矛盾

间接故意与过于自信的过失是犯罪构成中主观方面最容易混淆的两种罪过,本文对这两种罪过进行了系统的比较,并对两者的实际操作中所体现的矛盾进行了分析,最后文章对矛盾提出了解决的方案。     

Type I error rates from likelihood‐based repeated measures analyses of incomplete longitudinal data

The last observation carried forward (LOCF) approach is commonly utilized to handle missing values in the primary analysis of clinical trials. However, recent evidence suggests that likelihood‐based analyses developed under the missing at random (MAR) framework are sensible alternatives. The objective of this study was to assess the Type I error rates from a likelihood‐based MAR approach – mixed‐model repeated measures (MMRM) – compared with LOCF when estimating treatment contrasts for mean change from baseline to endpoint (Δ). Data emulating neuropsychiatric clinical trials were simulated in a 4 × 4 factorial arrangement of scenarios, using four patterns of mean changes over time and four strategies for deleting data to generate subject dropout via an MAR mechanism. In data with no dropout, estimates of Δ and SE_Δ from MMRM and LOCF were identical. In data with dropout, the Type I error rates (averaged across all scenarios) for MMRM and LOCF were 5.49% and 16.76%, respectively. In 11 of the 16 scenarios, the Type I error rate from MMRM was at least 1.00% closer to the expected rate of 5.00% than the corresponding rate from LOCF. In no scenario did LOCF yield a Type I error rate that was at least 1.00% closer to the expected rate than the corresponding rate from MMRM. The average estimate of SE_Δ from MMRM was greater in data with dropout than in complete data, whereas the average estimate of SE_Δ from LOCF was smaller in data with dropout than in complete data, suggesting that standard errors from MMRM better reflected the uncertainty in the data. The results from this investigation support those from previous studies, which found that MMRM provided reasonable control of Type I error even in the presence of MNAR missingness. No universally best approach to analysis of longitudinal data exists. However, likelihood‐based MAR approaches have been shown to perform well in a variety of situations and are a sensible alternative to the LOCF approach. MNAR methods can be used within a sensitivity analysis framework to test the potential presence and impact of MNAR data, thereby assessing robustness of results from an MAR method. Copyright © 2004 John Wiley & Sons, Ltd.     

也谈"错案追究制"

错案追究制自运行以来存在着许多问题,其所具有的负面影响超过了其积极效应的一面.本文从多角度分析了错案追究制产生的影响,并对错案进行了科学的界定.在此基础上,本文倡导错案追究制应让位于全面的司法改革,并提出了具体的司法改革措施.     

刑事违法观与犯罪构成关系论

按照主观违法论而加以建构的传统犯罪构成理论有别于按客观违法论建构的大陆法系犯罪论体系,两者有着不同的研究进路和研究方法。主观违法论强调有责之违法,行为人的主观罪过、客观的危害行为、刑事责任能力都是违法的构成要素,这种因人而异的违法观不能很好地为司法实践提供理论根据。从主观违法论立场出发,我们不可能从构成要件其中一个方面单独地判断违法性是否存在,传统犯罪构成理论将犯罪构成要件定位于反映行为社会危害性的事实特征,因此,犯罪构成只反映定罪结论,不反映定罪过程。     

Parent‐Adolescent Communication About Sex: Retrospective Reports by Latino College Students

Latina female (n= 97) and Latino male (n= 69) college students (M age = 21.4 years) completed self‐report surveys regarding family of origin experiences, including sexual communication with parents while growing up. Latino parents of this comparatively highly educated sample tended to use direct rather than indirect strategies for communicating about sexuality with their children. Young women reported higher levels of sexual communication with mothers while growing up than did young men, and respondents reported less communication with fathers than mothers. Among young women, sexual communication with mother was positively associated with non‐Mexican origin and negatively associated with having older brothers living at home. In contrast, maternal education was positively associated with mother‐son communication about sex. Paternal education and the absence of older brothers positively predicted communication with both sons and daughters. The analyses provide novel information regarding sexual communication in Latino families and suggest directions for future research.     

Choice of the primary analysis in longitudinal clinical trials

Missing data, and the bias they can cause, are an almost ever‐present concern in clinical trials. The last observation carried forward (LOCF) approach has been frequently utilized to handle missing data in clinical trials, and is often specified in conjunction with analysis of variance (LOCF ANOVA) for the primary analysis. Considerable advances in statistical methodology, and in our ability to implement these methods, have been made in recent years. Likelihood‐based, mixed‐effects model approaches implemented under the missing at random (MAR) framework are now easy to implement, and are commonly used to analyse clinical trial data. Furthermore, such approaches are more robust to the biases from missing data, and provide better control of Type I and Type II errors than LOCF ANOVA. Empirical research and analytic proof have demonstrated that the behaviour of LOCF is uncertain, and in many situations it has not been conservative. Using LOCF as a composite measure of safety, tolerability and efficacy can lead to erroneous conclusions regarding the effectiveness of a drug. This approach also violates the fundamental basis of statistics as it involves testing an outcome that is not a physical parameter of the population, but rather a quantity that can be influenced by investigator behaviour, trial design, etc. Practice should shift away from using LOCF ANOVA as the primary analysis and focus on likelihood‐based, mixed‐effects model approaches developed under the MAR framework, with missing not at random methods used to assess robustness of the primary analysis. Copyright © 2004 John Wiley & Sons, Ltd.     

人的自由活动与实践美学的意义

实践美学从历史唯物主义出发 ,指出了美感和美是社会历史实践的产物。它是一种凸现了人、人的活动、人的自由活动的美学。在理论上 ,实践美学顺应历史的潮流 ,宣告了形而上学的终结 ,走出了古典主义的二元对立思维模式 ;在现实上 ,实践美学针对时代的虚无 ,高扬人的旗帜 ,为美学研究开辟了一片新的天地。     

Marginal and association regression models for longitudinal binary data with drop‐outs: A likelihood‐based approach

Longitudinal data often contain missing observations, and it is in general difficult to justify particular missing data mechanisms, whether random or not, that may be hard to distinguish. The authors describe a likelihood‐based approach to estimating both the mean response and association parameters for longitudinal binary data with drop‐outs. They specify marginal and dependence structures as regression models which link the responses to the covariates. They illustrate their approach using a data set from the Waterloo Smoking Prevention Project They also report the results of simulation studies carried out to assess the performance of their technique under various circumstances.     

朱彝尊“醇雅说”之探讨

指出浙西派创始人朱彝尊以其独特的"醇雅说"而在清代众多文学流派中独树一帜,其崇雅正、斥淫哇、抑豪放、偏清空的创作理念对当时及后世都产生了广泛的影响。结合朱氏生活的时代背景及其创作的大量的诗词作品,从多个角度探讨了朱氏作品的旨趣与风格,以期最终描绘出"醇雅说"的内涵及其在指导诗词创作中重要的理论价值。     

制度与制度权威

制度本质上是建立在一定社会生产力和社会关系基础之上的行为规范,它能够约束人们的行为符合某种秩序的要求。制度权威的本质是人们对一定社会物质生产过程和社会交往过程内在秩序性要求的服从。制度和制度权威建设,必须使制度符合一定社会的生产力、社会关系和人的状况。