对司法解释“立法化”的思考

随着司法解释在审判工作中的广泛应用,其所谓“立法化”的问题也引起了很大争论。本文通过对司法解释的概念及其权力来源,立法权与司法解释之间的界限的阐述,为司法解释“立法化”做出一个较为清晰的定义。在对具体情况讨论的基础上,结合司法解释中的具体条款的分析,进而明确司法解释“立法化”的具体表现,并对其合理性进行了探讨。

对司法解释“立法化”问题的思考

司法解释在我国的法律生活中越来越多,已经成为一个相当普遍的社会现象,其立法化倾向也表现得愈益显著。何谓司法解释“立法化”,这个现象产生与存在的现实可能性是什么,我们应该如何理性地对它进行认识和评价,学界对此讨论热烈,众说纷纭,莫衷一是。有必要从积极方面简要阐述司法解释立法化现象在当前我国特定社会历史条件下存在的可能性与合理性,帮助人们正视这一现象。

论司法解释“立法化”问题

司法解释是我国法律生活中一个独有的现象,并且日益成为一个相当普遍的法律现象,有学者认为其“立法化”倾向也表现得愈益显著。本文从法理的角度,阐述司法解释“立法化”现象的产生与存在不是偶然的,是由变革时期社会关系的复杂性、立法的滞后性,以及司法的迫切性等诸方面的综合因素导致的,是具有自身存在的合理性和积极意义的,并且带给我们一些有益的启示。

复方醋酸钠林格注射液中无水葡萄糖含量测定方法的建立及葡萄糖转化现象的探讨

目的建立复方醋酸钠林格注射液中无水葡萄糖含量测定方法,并针对方法建立中发现的葡萄糖转化问题开展研究。方法采用氨基硅烷键合硅胶为填充剂的色谱柱;以乙腈-水-氨水(体积比75∶25∶0.1)为流动相;示差折光检测器检测;流速为1.0 mL/min,柱温和检测池温度均为40℃。结果无水葡萄糖浓度在0.4125~8.249 mg/mL范围内线性关系良好(r=1.0000),定量限为101μg/L,平均回收率为100.5%,RSD为0.5%,采用该测定法发现样品中少量葡萄糖转化为果糖。结论建立的方法简单、准确、灵敏度高,不受葡萄糖转化现象的干扰,适用于复方醋酸钠林格注射液中无水葡萄糖的含量测定。

Etching Behavior of GaN/GaAs(001) Epilayers Grown by MOVPE

Wet etching characteristics of cubic GaN (c GaN) thin films grown on GaAs(001) by metalorganic vapor phase epitaxy (MOVPE) are investigated.The samples are etched in HCl,H 3PO 4,KOH aqueous solutions,and molten KOH at temperatures in the range of 90～300℃.It is found that different solution produces different etch figure on the surfaces of a sample.KOH based solutions produce rectangular pits rather than square pits.The etch pits elongate in 1 0] direction,indicating asymmetric etching behavior in the two orthogonal <110> directions.An explanation based on relative reactivity of the various crystallographic planes is employed to interpret qualitatively the asymmetric etching behavior.In addition,it is found that KOH aqueous solution would be more suitable than molten KOH and the two acids for the evaluation of stacking faults in c GaN epilayers. direction,indicating asymmetric etching behavior in the two orthogonal <110> directions.An explanation based on relative reactivity of the various crystallographic planes is employed to interpret qualitatively the asymmetric etching behavior.In addition,it is found that KOH aqueous solution would be more suitable than molten KOH and the two acids for the evaluation of stacking faults in c GaN epilayers.

Catalytic performance and synthesis of a Pt/graphene-TiO_2 catalyst using an environmentally friendly microwave-assisted solvothermal method

A Pt/graphene‐TiO2catalyst was prepared by a microwave‐assisted solvothermal method and was characterized by X‐ray diffraction,scanning electron microscopy,transmission electron microscopy,cyclic voltammetry,and linear sweep voltammetry.The cubic TiO2particles were approximately60nm in size and were distributed on the graphene sheets.The Pt nanoparticles were uniformly distributed between the TiO2particles and the graphene sheet.The catalyst exhibited a significant improvement in activity and stability towards the oxygen reduction reaction compared with Pt/C,which resulted from the high electronic conductivity of graphene and strong metal‐support interactions.

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.

Continuous Distillation of Non-ideal Mixtures Through Graphical Methods

The current paper deals with the way in which the liquid-vapor equilibrium can be predicted, using the program Microsoft-Excel to obtain the bubble temperatures of twenty different non-ideal mixtures, the location of the azeotrope and the relation of the minimal reflux. The Wilson model was used for the activity coefficient and the cubic equation of state was used for the fugacity coefficient, utilizing the Pitzer correlation for the second virial coefficient.

Summarization and Analysis on the Synthesis Schemes of Glufosinate-Ammonium

Glufosinate-ammonium is a highly efficient, non-selective herbicide. The former synthesis schemes of glufosinate-ammonium were introduced and analyzed, the main of which are Arbuzov synthesis method, method under catalyzer and high pressure, targeted method under low temperature, Gabriel synthesis method, Zelinsky-Strecher synthetic method, synthetic method with chiral-synthon, and several special methods such as with enzyme or stereochemistry. Based on the structure and synthesis characteristic of glufosinate-ammonium as well as Arbuzov reaction and Michael reaction, a novel and reasonable scheme, which was named Arbuzov-Michael method, was put forward as the more economical one with simpler raw reagents and less waste.

Modelling and process optimisation of antimony removal from a complex copper concentrate

The modelling and optimization for the alkaline sulphide leaching of a complex copper concentrate containing 1.69% Sb and 0.14% Sn were studied.Response surface methodology,in combination with central composite face-centred design（RSM-CCF）,was used to optimise the operating parameters.The leaching temperature,sulphide ion concentration and solid concentration were chosen as the variables,and the response parameters were antimony and tin recovery,and the time required to achieve 90% Sb dissolution.It was confirmed that the leaching process was strongly dependent on the reaction temperature as well as the sulphide ion concentration without any significant dependence on the solid concentration.Furthermore,a mathematical model was constructed to characterise the leaching behaviour.The results from the model allow identification of the most favourable leaching conditions.The model was validated experimentally,and the results show that the model is reliable and accurate in predicting the leaching process.

OPTIMAL ANTENNA SUBSET SELECTION AND BLIND DETECTION APPROACH APPLIED TO ORTHOGONAL SPACE-TIME BLOCK CODING

An approach combining optimal antenna subset selection with blind detection scheme for Orthogonal Space-Time Block Coding (OSTBC) is proposed in this paper. The optimal antenna sub- set selection is taken into account at transmitter and/or receiver sides, which chooses the optimal an- tennas to increase the diversity order of OSTBC and improve further its performance. In order to en- hance the robustness of the detection used in the conventional OSTBC scheme, a blind detection scheme based on Independent Component Analysis (ICA) is exploited which can directly extract transmitted signals without channel estimation. Performance analysis shows that the proposed ap- proach can achieve the full diversity and the flexibility of system design by using the antenna selec-tion and the ICA based blind detection schemes.

Superconductivity in two-dimensionalη-Mo3C2 films

Two-dimensional(2D)superconductors have intriguing physical properties and abundant potential applications.Recently,2D superconductingα-Mo2C and facecentered cubic Mo2C have been controllably prepared and they bring new viewpoints to carbon-based superconductivity.Although molybdenum carbides(Mo-Cs)have multiple crystalline stacking orders,there are still few structures reported for the lack of higher energy supply during growth.In this study,we report a two-step vapor deposition method to grow superconducting η-Mo3C2 films with different thicknesses,with the assistance of controllable plasma power.The grownη-Mo3C2 films show polycrystalline characteristics,but they still present superior superconductivity.The 3.0-nm-thick film has the superconducting transition temperature of 5.38 K,and its electrical performances follow truly 2D superconducting transitions.This study will not only exhibit a robust superconductingη-Mo3C2 ultrathin film,but also provides a convenient growth way to realize more carbide-based heterostructures for future device applications.

Robust Digital Audio Watermarking Scheme Using Blind Source Separation with Global Optimal Property

The paper proposes a robust digital audio watermarking scheme using blind source separation(BSS) based on the global optimization of independency metric(IM),which is formulated as a generalized eigenvalue(GE) problem.Compared with traditional information-theoretical approaches used in digital audio watermarking,such as fast independent component analysis(FastICA),the proposed scheme has lower complexity without timeconsuming iteration steps used in FastICA.To make full use of the multiresolution characteristic of discrete wavelet transform(DWT) and the energy compression characteristic of discrete cosine transform(DCT),the watermark is embedded in the middle DWT-DCT coefficients and the independent component analysis(ICA) approach based on IM is used in the detecting scheme.Simulation results based on Stirmark for Audio v02 show that the proposed scheme has strong robustness as well as the imperceptibility and security.

Methodological progress in trace amounts of structural water in nominally anhydrous minerals

In the deep Earth, hydrogen mainly occurs as structural hydroxyl and molecular water in minerals and melts, constituting mobile and immobile aqueous components. Hydrous minerals contain hydrogen which occupies a specific structural position and constitutes an indispensable component of chemical formulae. On the other hand, nominally anhydrous minerals do not contain hydrogen in their chemical formulae, but can host trace amounts of water in structural position and lattice defect. The molecular water may occur in the lattice defect as fluid/melt inclusions in minerals. Even though the water content of nominally anhydrous minerals is very limited generally in the order of ppm(parts per million), they may play a significant role in influencing the physicochemical properties of mineral and rock systems. With the continuous improvement of modern instrumentations, the analytical methodology exhibits trends for higher spatial resolution, lower detection limit and integral multiple methods on the water amount and its isotopic ratio. Among these methods, Fourier transform infrared spectrometry remains the most widely used, while secondary ion mass spectrometry, continuous flow mass spectrometry, elastic recoil detection analysis and Raman spectrometry are promising. This paper provides a brief review on the methodological progress and their applications to the analysis of structural water in nominally anhydrous minerals.