论“立法公正”的构成要件——兼及《立法法》草案的有关规定

立法的理念不在于数量的充实 ,而在于立法表现出来的实效 ,即法律不应是刻在石头上、写在纸上 ,而应深深地嵌在人心并化为人们自觉行为的写照。改革开放以来 ,我国立法如洪如潮 ,但有法不依 ,执法不严的现象层出不穷 ,人们对法律的信心和期望并没有相应地增长。随着“依法治国”的深入人心 ,克服立法的无序 ,确保立法公正是大势所趋。本文试图从立法目的与内容、主体与程序、意识与体系等角度来探讨《立法法》草案的有关规定 ,论证立法公正应具备正义性、合法性。

论我国立法制度的嬗变及新发展

我国对立法行为的规范基本上经历了从宪法和组织法授权型规定、程序化规定到单行法律或法规规定 ,最后发展到法典化这样四个阶段。《立法法》作为规范立法行为的基本法律 ,对于健全社会主义法制、规范立法程序、提高立法质量、明确立法权限、维护法制的统一与尊严、完善法学体系具有极为深远的意义。《立法法》实现了立法制度的法典化 ,充实了程序性规范 ,增强了立法的民主性及可操作性 ,它根据社会实际需要 ,扩大了立法主体的范围 ,同时对地方立法权、行政立法权给予了一定的制约 ,加强了对公民权利的保护 ,并且增加了法规、规章之间的冲突裁决机制 ,完善了立法监督制度。《立法法》是我国立法制度的新发展。

实施《立法法》 提高立法质量

改革开放20多年来的法制实践,使我们取得了举世瞩目的成绩,其中立法方面尤为突出。现行的370多部法律与相关法律决定,800多部行政法规,7000多部地方性法规和数万部规章已构成了社会主义市场经济法律框架的主干,昔日那"无法可依"的状况得以根本性的改观。

LIMITED MEMORY BFGS METHOD BY USING LINEAR INDEPENDENT SEARCH DIRECTIONS

The degree of numerical linear independence is proposed and discussed. Based on this linear independence theory, a modified limited memory BFGS method is deve loped. Similar to the standard limited memory method, this new method determines the new update by applying the updating formula m times to an initial positive diagonal matrix using the m previous pairs of the change in iteration and gradient. Besides the most recent pair of the change, which guarantees the quadratic termination, the choice of the other ( m -1) pairs of the change in the new method is dependent on the degree of numerical linear independence of previous search directions. In addition, the numerical linear independence theory is further discussed and the computation of the degree of linear independence is simplified. Theoretical and numerical results show that this new modified method improves efficiently the standard limited memory method.

Darboux Transformations and Soliton Solutions for Classical Boussinesq-Burgers Equation

Two basic Darboux transformations of a spectral problem associated with a classical Boussinesq-Burgersequation are presented in this letter.They are used to generate new solutions of the classical Boussinesq-Burgersequation.

Exact Two-Soliton Solutions for Discrete mKdV Equation

An exact two-soliton solution of discrete mKdv equation is derived by using the Hirota direct approach. In addition, we plot the soliton solutions to discuss the properties of solitons. It is worth while noting that we obtain the completely elastic interaction between the two solitons.

Clinical Research on Three-Dimensional Conformal Radiotherapy of Non-Small Cell Lung Cancer

OBJECTIVE To investigate the clinical efficacy and toxic effect of the 3-dimensional conformal radiation therapy （3DCRT） for non- small cell lung cancer （NSCLC）. METHODS Fifty-two patients with the Stage-I and IV NSCLC were treated with 3DCRT. Cross analysis of the clinical data was conducted in the comparison between the 52 cases with 3DCRT and the other 50 cases with the conventional radiation therapy （CRT）. In the 3DCRT group, only the primary tumor and positive lymph-node draining area were included in the clinical target area, setting 4 to 6 coplanar or non-coplanar irradiation fields, with 2 Gy or 3 Gy/fraction, 1 fraction a day and 5 fractions per week. The total dose ranged from a test dose （DT） of 66 Gy to 72 Gy. In the CRT group, the field area contained the primary tumor plus the homolateral hilum of the lung, the mediastinum superior or hol-mediastinum, and opposed anteroposterior irradiation. When the dosage reached DT 36-40 Gy, an oblique portal administered radiation was conducted in order to avoid injuring the spinal cord. The DT was 1.8-2.0 Gy/fraction, 1 fraction a day, 5 fractions per week, with a total dose of 60 Gy to 70 Gy. RESULTS The therapeutic effect （CR ＋ PR） was 90.4% in the 3DCRT group, and was 72% in the CRT group. There was statistically significant difference between the two groups, P 〈 0.01. There was a clinical symptom improvement attained by 96.5% and 86.4% respectively in the two groups, and there was a statistically significant difference between the groups, P 〈 0.01. The 6-month, 1 and 2-year overall survival rates were 92.3%, 75.0% and 42.3% in the 3DCRT group, and 76%, 60% and 30% in the CRT group, respectively. There was a significant difference in the 6-month overall survival rate between the groups, P 〈 0.05. There was no obvious significant difference in the 1 and 2-year overall survival rates between the two groups, P 〉 0.05. The toxic reaction was 12.5% and 23.7% respectively in the 3DCRT and CRT groups. Acute radioactive esophagitis and leucopenia were markedly lower in the 3DCRT group than in the CRT group. There was a statistically significant difference between the groups, P 〈 0.05. No toxic reaction of Stage-III and over was found in the 3DCRT group during radiation therapy. CONCLUSION The 3DCRT method has a satisfactory shortterm efficacy and improvement of clinical symptoms in treating NSCLC, with a mild toxic reaction and good tolerance in patients. It can be used for enhancing the tumor-control rate and bettering the quality of life.

RESEARCH OF QUANTUM GENETIC ALGORITH AND ITS APPLICATION IN BLIND SOURCE SEPARATION

This letter proposes two algorithms: a novel Quantum Genetic Algorithm (QGA)based on the improvement of Han's Genetic Quantum Algorithm (GQA) and a new Blind Source Separation (BSS) method based on QGA and Independent Component Analysis (ICA). The simulation result shows that the efficiency of the new BSS method is obviously higher than that of the Conventional Genetic Algorithm (CGA).

Study on Due Procedure of Local Legislation of Marine Fishery Management

Based on the local legislation of marine fishery management, this paper takes the process of local legislation of marine fishery management in Liaoning Province as the main object of study, to explore the advantages and existing problems of the process of local marine fishery management. From the perspective of theory and practice, this paper analyzes the local legislative process deeply and discloses some problems, especially analyzes the main steps deeply in order to discover problems in the whole process from drafting to acting and proposes the corresponding solutions.

Rights and Disagreement

Constitutionally protected rights remove political issues from the control of the democratically elected legislature. Since such rights therefore limit the power of the majority, recent work in rights theory argues that the constitutional protection of rights is inconsistent with the fundamental democratic idea of government by the people. According to this view, democracies should assign the power to resolve questions regarding the nature and extent of individual rights to the majority. Constitutional attempts to remove such questions from the public agenda, it is argued, are disrespectful to citizens who disagree with the views embodied in the constitutionalized rights. I argue that this critique： （1） is insufficiently attentive to the question of when legislation by the majority constitutes a legitimate exercise of political power; and （2） underestimates the importance of securing the constitutive conditions of democratic self-government.

The Health and Morals of Minors： The Glue-Sniffing Epidemic in Louisiana Legislation and Law, 1966-1972

In response to horror stories throughout the country concerning childhood deaths from sniffing model airplane glue, organizations around Louisiana would begin lobbying for legislation to criminalize the practice in 1966. State lawmakers spent much of that summer crafting an anti-glue-sniffing measure for the state. The debates that resulted from the attempt, however, never really focused on the sustainability or practical use of such a law, but instead on the kind of law it would ultimately be -- whether, for example, retailers would be liable for selling glue to minors, even though model airplanes and other kits and toys required such items. Or whether the ingredients in model airplane glue could be classed as schedule one narcotics. Such questions ultimately framed a debate about the fundamental nature of the offense being committed. Ultimately, （unlike other Deep South states） Louisiana decided that sniffing glue was not a drug crime. Instead, it was a problem that affected ＂the health and morals of minors＂.

The Impact of the Environment Management Act （EMA） on the Accountability of Companies in Fiji

This study seeks to explore the impact of the Environment Management Act （EMA） （2005） on the accountability of three companies in Fiji. The study uses a multi-case study approach based on three subsidiaries of a conglomerate. Data collection methods include semi-structured interviews with accountants, internal auditors, and environmental officers, document reviews, and content analysis of annual reports and websites of the respective companies. The findings suggest that the EMA （2005） had some effects in terms of engendering accountability on the companies studied. Further evidence suggests that while this increased accountability has led to disclosures in annual reports and websites, these disclosures are minimal at best; furthermore, they primarily address that the stakeholder group comprised government regulatory authorities. The study provides policy implications on how environmental legislations could be designed to improve the accountability of commercial entities in developing economies. The experience and issues highlighted are also useful to other developing economies who are contemplating in developing their own environmental legislations. This paper is one of the few papers that explore the impact of environmental legislations on accountability in a developing economy context.

Application of Computer Algebra in Solving Chaffee-Infante Equation

In this paper, a series of two line-soliton solutions and double periodic solutions of Chaffee-Infante equation have been obtained by using a new transformation. Unlike the existing methods which are used to find multiple soliton solutions of nonlinear partial differential equations, this approach is constructive and pure algebraic. The results found here are tested on computer and therefore their validity is ensured.

The Relationship Amongst Countries＇ Governance, Energy and Sustainable Development

In this paper we construct a theoretical framework linking governance practiced by some countries to some of their economical, financial, social and environmental variables. To achieve this goal, we selected a sample of data composed of variables from 55 countries, available at the World Bank website. On the other hand, we measured the countries＇ level of governance by the indicator promoted by Transparency International. The period considered in this research was 8 years, from 2000 to 2008. We used the method of linear regression with panel data, in order to investigate statistical relationships among governance and the other variables. We applied the method of simultaneous equations in order to make a robustness test on the first results and findings. The results of the two models converged and showed the existence of a statistical significant relationship between governance and several of the variables investigated. This allows us to infer that the development of the countries govemanee is closely linked with the long-term sustainable development.

Soliton Solutions to Coupled Integrable Dispersionless Equations

In this paper, by introducing a new transformation, the bilinear form of the coupled integrable dispersionless （CID） equations is derived. It will be shown that this bilineax form is easier to perform the standard Hirota process. One-, two-, and three-soliton solutions are presented. Furthermore, the N-soliton solutions axe derived.

New Generalized Transformation Method and Its Application in Higher-Dimensional Soliton Equation

A new generalized transformation method is differential equation. As an application of the method, we presented to find more exact solutions of nonlinear partial choose the （3＋1）-dimensional breaking soliton equation to illustrate the method. As a result many types of explicit and exact traveling wave solutions, which contain solitary wave solutions, trigonometric function solutions, Jacobian elliptic function solutions, and rational solutions, are obtained. The new method can be extended to other nonlinear partial differential equations in mathematical physics.

Exact Solutions to (2+1)-Dimensional Kaup-Kupershmidt Equation

In this paper, by using the symmetry method, the relationships between new explicit solutions and old ones of the （2＋1）-dimensional Kaup-Kupershmidt （KK） equation are presented. We successfully obtain more general exact travelling wave solutions for （2＋ 1）-dimensional KK equation by the symmetry method and the （G1/G）-expansion method. Consequently, we find some new solutions of （2＋1）-dimensional KK equation, including similarity solutions, solitary wave solutions, and periodic solutions.

Adaptive Spatial-division Split-step Fourier Migration Method

This paper presents a new depth migration method, adaptive spatial-division split-step Fourier （ASDSSF） migration. In this method we introduce the idea of a stratified phase shift migration into the split-step Fourier （SSF） migration to make an accurate and efficient wave field image when sharp discontinuities appear in the velocity field. In principle, the ASDSSF migration is a multi-reference slowness （reciprocal of velocity） （MRS） migration. Compared to previous MRS migration methods, this method uses fewer reference slowness values without accuracy loss. The reference slowness is determined in this paper according to an error-control parameter of the perturbation term in the SSF operator and the variation of the complet velocity field. The velocity corresponded to reference slowness can define a spatial division. Each division can also be divided into several discontinuous spatial subdivisions to effectively reduce the number of reference slowness values needed. The choice of reference slowness, including the number of reference slowness values needed and how to construct the spatial divisions, is adaptive and reasonable at each extrapolation step （depth step）. A simple and economical smoothing filter in the wave number-frequency domain is designed to avoid artifacts in the wave field extrapolation due to the presence of sharp discontinuities in the velocity field. For comparable conditions the present approach to migration is expected to be computationally more efficient and accurate than other MRS migration methods. The performance of the method is demonstrated on a simple 2D prestack model and the prestack SEG/EAEG salt dataset.

Active earth pressure acting on retaining wall considering anisotropic seepage effect

This paper presents a general solution for active earth pressure acting on a vertical retaining wall with a drainage system along the soil-structure interface. The backfill has a horizontal surface and is composed of cohesionless and fully saturated sand with anisotropic permeability along the vertical and horizontal directions. The extremely unfavourable seepage flow on the back of the retaining wall due to heavy rainfall or other causes will dramatically increase the active earth pressure acting on the retaining walls, increasing the probability of instability. In this paper, an analytical solution to the Laplace differential governing equation is presented for seepage problems considering anisotropic permeability based on Fourier series expansion method. A good correlation is observed between this and the seepage forces along a planar surface generated via finite element analysis. The active earth pressure is calculated using Coulomb's earth pressure theory based on the calculated pore water pressures. The obtained solutions can be degenerated into Coulomb's formula when no seepage exists in the backfill. A parametric study on the influence of the degree of anisotropy in seepage flow on the distribution of active earth pressure behind the wall is conducted by varying ratios of permeability coefficients in the vertical and horizontal directions,showing that anisotropic seepage flow has a prominent impact on active earth pressure distribution. Other factors such as effective internal friction angle of soils and soil/wall friction conditions are also considered.

How does the Civil Code Process the Civil and Commercial Relations According to the Insurance Law

The relationship between the civil law and commercial law is a long-standing issue of controversy in the area of private law, and it is also an issue of unavoidably legislative selection during the codification the civil code in almost every country. Since the founding of the People Republic of China, China has carried out the codification of civil code for four times, and since the part^s eighteen plenary session officially proposed the ＇codification of civil code＇, the issue of the civil and conmaercial relation draws the attention again, either unification or division of civil and commercial law directly affects the system and content of the civil code, and affects how to process the relationship between the civil law and commercial law during the codification of the civil code as well. The codification of the civil code should not only consider the legislative tradition of the civil and commercial legislation and the current legal system, but also pursue characteristics of the commercial law, in a system of combining civil and commercial law, through adding commercial law into the general principle of civil law; the existing commercial law should be separately retained.