刑事案件结构视阈下的类案裁判研究——以指导性案例4号、12号为例

最高人民法院实施案例指导制度以来,“同案同判”一直是司法改革的重要内容。立足于案例指导制度设定的“同案同判”这一裁判价值目标,结合刑事案件结构理论,对类案裁判理念进行解析,可以明确类案的判断标准除了涉及案件法律结构的形式判断,还涉及案件社会结构的实质判断;“类案类判”“类案异判”在刑事案件结构理论之下均可得到合理的解释,有存在的必然性。只有在案件结构理论基础上对案例指导制度加以完善,注重案件裁判的法律效果与社会效果的统一,才能真正实现司法裁判的统一。

Spatial and Quantitative Comparison of Satellite-Derived Land Cover Products over China

Because land cover plays an important role in global climate change studies, assessing the agreement among different land cover products is critical. Significant discrepancies have been reported among satellite-derived land cover products, especially at the regional scale. Dif- ferent classification schemes are a key obstacle to the comparison of products and are considered the main fac- tor behind the disagreement among the different products. Using a feature-based overlap metric, we investigated the degree of spatial agreement and quantified the overall and class-specific agreement among the Moderate Resolution Imaging Spectoradiometer （MODIS）, Global Land Cover 2000 （GLC2000）, and the National Land Cover/Use Data- sets （NLCD） products, and the author assessed the prod- ucts by ground reference data at the regional scale over China. The areas with a low degree of agreement mostly occurred in heterogeneous terrain and transition zones, while the areas with a high degree of agreement occurred in major plains and areas with homogeneous vegetation. The overall agreement of the MODIS and GLC2000 products was 50.8% and 52.9%, and the overall accuracy was 50.3% and 41.9%, respectively. Class-specific agree- ment or accuracy varied significantly. The high-agreement classes are water, grassland, cropland, snow and ice, and bare areas, whereas classes with low agreement are shru- bland and wetland in both MODIS and GLC2000. These characteristics of spatial patterns and quantitative agree- ment could be partly explained by the complex landscapes, mixed vegetation, low separability of spectro-temporal- texture signals, and coarse pixels. The differences of class definition among different the classification schemes also affects the agreement. Each product had its advantages and limitations, but neither the overall accuracy nor the class-specific accuracy could meet the requirements of climate modeling.

商承祚《殷虚文字类编》“祚案”例释

商承祚《殷虚文字类编》是甲骨文?草创时期?一部比较完备的甲骨文字典。?祚案?部分是全书的精蕴及其创新所在,整理、分析《殷虚文字类编》?祚案?语,对整理?草创?时期的甲骨文研究,挖掘《殷虚文字类编》价值和商承祚的汉字学思想,把甲骨文字典研究引向深入有所裨益。

Magnifying endoscopy in upper gastroenterology for assessing lesions before completing endoscopic removal

Any prognosis of gastrointestinal (GI) cancer is closely related to the stage of the disease at diagnosis.Endoscopic submucosal dissection (ESD) and en bloc endoscopic mucosal resection (EMR) have been performed as curative treatments for many early-stage GI lesions in recent years.The technologies have been widely accepted in many Asian countries because they are minimally invasive and supply thorough histopathologic evaluation of the specimens.However,before engaging in endoscopic therapy,an accurate diagnosis is a precondition to effecting the complete cure of the underlying malignancy or carcinoma in situ.For the past few years,many new types of endoscopic techniques,including magnifying endoscopy with narrow-band imaging (MENBI),have emerged in many countries because these methods provide a strong indication of early lesions and are very useful in determining treatment options before ESD or EMR.However,to date,there is no comparable classification equivalent to "Kudo's Pit Pattern Classification in the colon",for the upper GI,there is still no clear internationally accepted classification system of magnifying endoscopy.Therefore,in order to help unify some viewpoints,here we will review the defining optical imaging characteristics and the current representative classifications of microvascular and microsurface patterns in the upper GI tract under ME-NBI,describe the accurate relationship between them and the pathological diagnosis,and their clinical applications prior to ESD or en bloc EMR.We will also discuss assessing the differentiation and depth of invasion,defying the lateral spread of involvement and targeting biopsy in real time.

Application of cluster analysis to preventive maintenance scheme design of pavement

To quantitatively identify the maintenance demand for each highway segments in the pavement maintenance scheme design,a mathematical model of uniform segment division was established and an approach of applying cluster analysis theory to the uniform segment division and evaluation of pavement maintenance demand was proposed.The actual maintenance project of a highway carried out in Guangdong province was cited as an example to demonstrate the validity of the proposed method.It is proved that the cluster analysis can eliminate human factors in classification without being constrained by the quantities of samples,considering multiple pavement distress indexes and the continuity of samples.Thus it is evident that cluster analysis is an efficient analytical tool in uniform segment division and evaluation of maintenance demand.

A Novel Therapy of Eosinophilic Esophagitis-Treatment of Eosinophilic Esophagitis Using a Single Dose of Intramuscular Corticosteroid and Proton Pump Inhibitor

Background： Ee （Eosinophilic esophagitis） is an inflammatory condition characterized by a dense eosinophilic infiltrate in the esophageal epithelium. Its pathophysiology mimics that of allergic esophagitis, and evolves clinically as a chronic disease with periods of exacerbation. Symptoms and endoscopic findings are usually non-specific and similar to those of other esophageal illnesses. The mainstay of treatment of Ee is with corticosteroids and/or specific diets, which have been shown to cause symptom remission and histological improvement. Aim： The objective of this study was to demonstrate the efficacy of a novel and promising treatment protocol for Ee. Materials and methods： We prospectively evaluated 24 patients with Ee over two years. Patients were treated with a single intramuscular injection of betamethasone sodium phosphate associated with betamethasone dipropionate and a PPI （proton pump inhibitor） （rabeprazole 20 mg PO）. After 4 weeks of treatment, patients underwent endoscopy and biopsy. We evaluated patients＇ clinical response as well as the results of endoscopic and histological examinations. Results： After 4 weeks of treatment, all patients （100%） are reported significant clinical improvement, which was corroborated by the findings on endoscopy and histology. There were no complications or adverse reactions. Conclusions： In this cohort of patients with eosinophilic esophagitis, treatment with a single intramuscular dose of corticosteroids led to complete remission of symptoms and improvement in endoscopic and histological findings.

The Spike-Type Solution of Second-Order Semilinear Differential Equation with Integral Boundary Conditions

A singularly perturbed second-order semilinear differential equation with integral boundary conditions is considered. By the method of boundary functions, the conditions under which there exists an internal transition layer for the original problem are established. The existence of spike-type solution is obtained by smoothly connecting the solutions of left and right associated problems, and the asymptotic expansion of the spike-type solution is also presented.

Community Soil Resources Management for Sub-Saharan West Africa： Case Study of the Gourma Region in Burkina Faso

A study on community soil fertility management concepts and practices was conducted through rapid and participatory method of research in 15 villages of the Gourma region in Eastern part of Burkina Faso. These investigations aimed at determining farmers＇ knowledge on soil resources： local soil taxonomy and indicators of soil degradation, soil fertility management practices, and capacity for adoption of new technologies in soil fertility management. The results of the study showed that the main parameter for soil classification for all the investigated villages was soil texture composition; soil degradation was evaluated according to crops yield decrease and the development Striga sp. in 100% of the investigated villages; the use of organic manure and long term fellow were the main practices for soil fertility management; concerning the villages where modem technologies of soil fertility management were introduced, the lack of tools and capacity building were the main limiting factors of the adoption of these improved practices at small scale farmers＇ level. Even if discordance between scientific and local soil taxonomy were revealed by our investigations; significant similarities between indigenous and scientific indices of soil degradation were noticed. With regard to the actual magnitude of soil degradation; the local techniques of soil fertility management need to be improved and accessible to a big number of farmers.

Soil indicators for eco-geographic regionalization:A case study in mid-temperate zone of eastern China

Eco-geographic regional system is formed by division or combination of natural features based on geographic relativity and comparison of major ecosystem factors(including biological and non-biological) and geographic zonality.In previous studies, soil types were often taken as a basis for soil regionalization.However, the quantitative characteristics of soil indicators are fitter than the qualitative ones of soil types for modern regionalization researches.Based on the second China's national soil survey data and the provincial soil resource information, by principal analysis and discriminant analysis, this paper discusses the appropriate soil indicators as the complement of eco-geographic region indicator systems and the relationships between these soil indicators and soil types in regionalization.The results show that five indicators are used in eco-geographic zonality in mid-temperate zone of eastern China which are organic matter content, cation exchange capacity, pH, clay content and bulk density in topsoils.With a regression-kriging approach, the maps of soil indicators in mid-temperate zone of eastern China are compiled with a resolution of 1 km in every grid and the indicative meanings of these soil indicators are discussed.By cluster analysis it is proved that these soil indicators are better than the soil types and soil regionalization in delineating eco-geographic regions.

Changing Content of Translators＇ Prefaces： With Special Reference to China Yilin Press＇s Translated Publications

The current study aims at identifying the content configuration of translators＇ prefaces with special reference to China Yilin Press＇s English-Chinese （E-C） translated publications of American authors and finding the evolving tendency of the content of the translators＇ prefaces. One hundred and eight translators＇ prefaces are selected from the E-C translations published by the Press from 1988 to 2013 and classified on the basis of Genette＇s （1997） classification scheme. The Microsoft Excel as well as a human coder is used to analyze the evolving tendency and content of the translators＇ prefaces. Results indicate that translators＇ prefaces fall into 11 kinds in terms of their content, with the occurrence of three of them--genesis, the translator＇s conclusion and introduction to the translator ---on the increase, whereas that of eight of them--introduction to the author, introduction to the original, genre indication, the translator＇s opinion or analysis, statements of intent, contextual information, commentary on the title and introduction to the translated version--on the decline. It can be concluded that translators＇ prefaces play important roles in that they provide more information concerning the original and the author, such as plots, characters in the story and narrative techniques, but also give explanations for translators＇ motivation of translation, translation strategies adopted. Focus of the content of translators＇ prefaces has shifted from the original and the authors to the translators and translation process that reflect translator＇s subjectivity. This study underlines that due attention should be paid to the evolving tendency of their content configuration in recent years so as to ensure the social status of translators, and circulation and acceptance of the translated publications.

Ovarian cancer presenting with hypercalcemia:two cases with similar manifestations but different mechanisms

Hypercalcemia presenting in ovarian cancer is uncommon in the clinic.Here,two cases of ovarian epithelial carcinoma that presented with severe hypercalcemia were reported,with a review of the literature.The laboratory findings and stepwise clinical investigations of these two cases differed,indicating distinct underlying causes of hypercalcemia.In case one,the serum levels and immunostaining for parathyroid hormone-related protein(PTHr P)verified humoral hypercalcemia of malignancy(HHM).In case two,the high level of parathyroid hormone(PTH)and the scintigraphy scan showing parathyroid gland adenoma confirmed primary hyperparathyroidism-induced hypercalcemia.Both patients received optimal cytoreductive operation and adjuvant chemotherapy but showed different outcomes respectively.This article focused on differential diagnosis of ovarian cancerassociated hypercalcemia,by stepwise imaging and laboratory investigation,and the appropriate therapy should be considered based on the different etiologies.

GHG Emissions Estimation from Household Solid Waste Management in Jakarta, Indonesia

This study defines and compares four scenarios for MSW （municipal solid waste） management： Scenario 1, unsorted waste taken to a landfill （baseline scenario）; Scenario 2, sorted waste used for home or communal composting; Scenario 3, sorted waste used for anaerobic digestion; and Scenario 4, sorted waste taken to a composting centre. The results of this study suggest that Scenario 1 would emit the highest levels of GHG （greenhouse gas） emissions, 692 x 103 tonnes CO2eq per year. Scenario 3 would have the lowest levels of GHG emissions, 195 x 103 tonnes CO2eq per year. Compared with the baseline scenario, it yields a 72% reduction of GHG emissions with a total savings of 498 ~ 103 tonnes CO2eq per year. The second-best option is Scenario 2, followed closely by Scenario 4, both yield 66.6% reductions with deviation by 0.03%. The deviation is due to transportation, which emission is negligibly small. The amounts of GHG savings for Scenario 2 and 4 are 461.3 ×10^3 tonnes CO2eq per year and 461×10^3 tonnes CO2eq per year, respectively It is evident from these results that anaerobic digestion has the highest potential for reducing GHG emissions.

Particle swarm optimization for train schedule of Y-type train routing in urban rail transit

The train schedule usually includes train stop schedule,routing scheme and formation scheme.It is the basis of subway transportation.Combining the practical experience of transport organizations and the principle of the best match between transport capacity and passenger flow demand,taking the minimum value of passenger travel costs and corporation operating costs as the goal,considering the constraints of the maximum rail capacity,the minimum departure frequency and the maximum available electric multiple unit,an optimization model for city subway Y-type operation mode is constructed to determine the operation section of mainline as well as branch line and the train frequency of the Y-type operation mode.The particle swarm optimization(PSO)algorithm based on classification learning is used to solve the model,and the effectiveness of the model and algorithm is verified by a practical case.The results show that the length of branch line in Y-type operation affects the cost of waiting time of passengers significantly.

Residents'Satisfaction with Public Services in Mountainous Areas:An Empirical Study of Southwestern Sichuan Province,China

Abstract： Enhancing the efficiency of public services is essential to residents in mountainous areas. It is also important to promote sus- tainable development of these regions. Analysing residents＇ satisfaction with public services in mountainous areas can help in evaluating outcomes of fiscal investment and identifying potential coping approaches for improving public service efficiencies. The residents＇ satisfaction with public services and the factors that influence such satisfaction were examined in this study. A study of 12 towns located in the southwestern Sichuan Province was performed using an entropy-weighted analytic hierarchy process （EWAHP）, the technique for order preference by similarity to ideal solution （TOPSIS） and Tobit regression methods. The results indicate that： 1） the spatial distribu- tion of satisfaction with public services is non-uniform, and the spatial distribution structure varies for different types of public services. 2） Residents＇ satisfaction with public services is influenced by both objective and subjective factors. Population density, economic dis- tance, social and cultural divisions and elevation are the major objective factors, whereas bounded rationality, the hierarchy of needs and service expectations are the main subjective factors. The most effective strategies for enhancing residents＇ satisfaction with public ser- vices are likely to be clustering the population, choosing supply centres with different public services, regulating the cultural division in ethnic minority towns, selecting supply priorities in accordance with residents＇ needs, implementing targeted intervention policies and establishing ＇bottom-up＇ and ＇top-down＇ integrated decision-making mechanisms. Keywords： mountainous areas; public services; residents＇ satisfaction; entropy-weighted analytic hierarchy process （EWAHP）; technique for order preference by similarity to ideal solution （TOPSIS）; Tobit regression; southwestern Sichuan Province

Regional Allocation of CO_2 Intensity Reduction Targets Based on Cluster Analysis

To meet China＇s CO2 intensity target of 40%-45% reduction by 2020 based on the 2005 level, a regional allocation method based on cluster analysis is developed. Thirty Chinese provinces are classified into six groups based on economy, emissions, and reduction potential indicators. Under the equity principle, the two most developed groups axe assigned the highest reduction targets （55% and 65%, respectively）. However, their reduction potent!al is limited. Under the efficiency principle, the two groups with the highest reduction potential take the highest targets （48% and 61%, respectively）, but their economy is relatively backward. When equity and efficiency are equally weighted, the 5th group with a prominent reduction potential takes the highest target （54%）, and the 2nd and the 3rd groups with large industry scales take the second highest target （49%）. However, under all the three allocation schemes, the targets are not greater than 40% for the 4th and the 6th groups, which have a relatively low economic ability, emissions, and reduction potential. Due to inconsistency between economic and reduction potential, corresponding market mechanisms and policy instruments should be established to ensure equity and efficiency of regional target allocation.

The Relevance of Sports to the Development of Education in Nigeria, 1904 Till Date

Sporting activities have been part of the culture, customs and natural living of man; they have direct relationship with plans, purposes and goals of human beings. Sports have existed with education since primitive times, when man developed skills like hunting, handling of weapons, tests of strength, endurance and courage. This paper examines the relevance of sporting activities to the development of education in Nigeria, since colonial era- 1904 till date. Sports like football, soccer, badminton, handball, volleyball, tennis, swimming and athletics have corroborated teaching and learning activities at all levels of education be it informal, formal and non formal education in Nigeria. Historical research methodology in education was used to carry out and analyze data for this paper using archival materials and oral interviews as primary sources while textbooks, journals and internet materials were used as secondary sources. The main focuses of the paper are＂ to examine the concepts of sports an6 education, the place of sports in the educational policy and curriculum in Nigeria, advantages of sports to education and nation building, challenges of sports in education and offer suggestions for the improvement of sports and education in Nigeria. The findings of the study revealed that; sports was formally introduced into educational curriculum in Nigeria as physical education in 1904 by the British administration, sports promotes physical health and fitness, recreational activities, relaxation prestige, economic status, identifies talents, abilities, impart skills, encourage socio-cultural relationship which enhances unity among the populace. The forum to benefit from sports usually come at grassroots, school inter-house sports, and inter-schools competitions and association forum. Challenges of sports include inadequate funding, mismanagement of funds, lack of integrity, inadequate personnel, dwindling infrastructural and sporting facilities, inadequate training and medical facilities. It is recommended that, if all the above challenges are properly addressed, sporting activities will project Nigerian education more for overall development both nationally and internationally.

A Study of Classification of Figures and Sizes for Middle-and Old-Aged Men

The characteristics of human figures, variable laws and the basic sizes of each part of human body have been found by means of anthropomctric measurements of the middle-arid old-aged men and data analyses. Also, proposals of how to classify dimensions and sizes of the medium human figures among the middle-and old-aged men have been put forward.

Relieving a Tropical Vernacular Habitat Typology as a Source for Contemporary Social Housing Designs

This work presents an analysis for the rural vernacular dwelling （Culata Yovai）, sited in the South America Guarani region, basin of Paraguay and Paraná rivers. Outdoor climate has conducted man to build along the time a habitat climatic responsive. Nowadays, studies in progress try to show how this vernacular typology can support new low-income house designs. The intent is to guarantee for new projects the socio-cultural image that people, coming from countryside to live in city outskirts, are accostumed. Also, to provide material improvements and functional adequation for a quality and healthiness. Natural ventilation is the main bioclimatic strategy during summer for thermal comfort, which influences the house characteristics. This is proven by calculation, and simulation with the CFX-ANSYS software. Thus, the analysis performed shows the real possibity to reconcile bioclimatism with the symbolic-cultural value represented by this vernacular architecture form. It is hopped that this study can be considered as a methodological contributition for new sustainable projects （materials, technics and services） of low-incoming houses in this Latin American region.

A timeslot assignment scheme for cluster-tree based wireless sensor network

Many efforts have been made to develop time division multiple access （TDMA） slots allocation in a multi-hop converge-cast wireless sensor network （WSN）, however, most of them either use complex algorithm or concern frames only without simultaneous transmission in a single slot. In this paper, we present a timeslot assignment scheme for cluster-tree-based TDMA WSN, co：＇ering three frequently used working modes in practical applications. The shortest frame formed can guarantee real-time conununication and is also facilitated for message and slot integration, since timeslots allocated to a single node are continuous. During allocation processes, the algorithms are distributed and light-weighted. The experiment resulted from a WSN prototype system shows that our scheme can achieve a good reliability.

Growth Profile of Gilthead Bream Reared in Mega Flow Re-circulating Aquaculture System

This study was designed to compare the effect of two exchange rates （ERs; 0.5 m^3 feed/kg and 1.5 m^3 feed/kg） in re-circulating aquaculture systems （RAS） on water quality and fish growth profiles on fish stocks （200 indiv/m^3 of 251.4 g e 20.67 g） of gilthead bream, Sparus aurata. Water quality, fish growth, specific growth rate （SGR） and feed conversion ratio under the two ERs were examined for a period of six months. Inorganic nutrient in RAS, temperature, dissolved oxygen and pH were measured daily. Feeding regime effect was also determined on the fish quality and organoleptic characteristics and thus opts to energy optimization of the system. The fish reared under the 1.5 m^3 feed/kg ER demonstrate enhanced growth, the daily SGR and the conversion ratio. Sensory test analysis revealed differences in the organoleptic characteristics between the two experimental fish stocks with considerably high acceptance scores for fish reared at high ER. Nutrient concentrations： ammonia, nitrate, nitrite and phosphate were lower in RAS of the highest ER when compared to those reared under the 0.5 m3/kg feed. Results suggest an ER of 1.5 m^3 feed/kg improved both fish quality and growth profile of the gilthead bream.