“重实体、轻程序”还将在我国走多远?——对方舟子遇袭案程序问题的反思

去年发生的方舟子遇袭案引起了社会各界的广泛讨论,该案中暴露了很多实体和程序上的法律问题。本文正是以此案的程序诟病为切入点,试图反思我国长期存在的"重实体、轻程序"的法律传统。文章从该法律传统背景和方舟子遇袭案的介绍入手,详细分析了该案中存在的重视实体、忽视程序之问题,以期本案能引起法律人对程序内在价值的重视,为克服这一顽疾不断努力。

“重实体,轻程序”命题的语境分析——兼论程序正义问题

"重实体,轻程序"作为一个法学命题,是一个已被接受的主张、某种标准的区分、还是被编织起来的观念之网结?这些并未予以充分言明,或许只有参照它所服务的理论目的,我们才能有所理解。在其语境当中考察,可以发现"重实体,轻程序"的问题至少有着描述上与判断上的难题。运用所谓"极性原则"这一理论分析工具,并结合"程序正义"观念来分析,可以使人们认识到要克服"重实体,轻程序"的问题,某种表达式的转换是最为根本的。

Study on the Acute Toxicity and Genetics Toxicity of Bensulfuronk-methyl on Danio rerio

[Objective] The aim was to study the effect of bensulfuron-methyl herbicide on acute toxicity and genetics toxicity of Danio redo. [ Method] Median lethal concentration was calculated by acute toxicity test, and analyzing the herbicide whether existing in potential toxicity to aquatic organisms or not. Based on the study of acute toxicity, genetics toxicity was carried out, by calculating the micronucleus rate to judge bensulfuron-methyl herbicide whether existing in potential toxicity or not. [ Result ] The LD5o （24 h and 48 h） of bensulfuron-methyl herbicide are 0.698 ml/L and 0.637 ml/L respectively, the safe concentration was 0.159 ml/L. The results on the effects of micronucleus （MN） in erythrocytes of Danio redo induced by bensulfuron-methyl at different times and different concentrations showed that the MN rate of control group was 0.010 3%, the highest MN rate of experimental group reached to 0. 372%, it also indicated that bensulfuron-methyl herbicide had genetics toxicity to Danio redo. At the same detection time, there was dose-effect relationship of MN rate in erythrocytes between treatment and control groups with different concentrations. In the same treatment group, the MN rate in erythrocytes reached to peak value at 24 h, and decreased at 48 h and 72 h with the infection time was prolonged. [ Conclusion ] The study provides some basis for scientifically selecting and reasonably using herbicide.

MR diffusion-weighed imaging of rabbit liver

AIM： To study the techniques of MR diffusion-weighed imaging （DWI） for normal rabbit liver. METHODS： After 15 normal New Zealand white rabbits and one New Zealand white rabbit implanted with VX-2 tumor were anesthetized with 30 soluble pentobarbitone, DWI was performed respectively for different b values, repetition times （TR） or thicknesses, when other parameters were the same and magnetic resonance imaging （MRI） was performed respectively, or with different field of views （FOV） or coil when other parameters were the same. The distinction between groups was analyzed by SPSS10.0 with apparent diffusion coefficient （ADC）, quality index （QI） or signal-noise ratio （SNR）. RESULTS： As b value increased, liver ADC, QI and SNR of DWI became smaller and simultaneously （F= 292.87, 156.1, 88.23, P〈0.01）. QI of DWI was high, when bvalue was 10, 50 or 100 respectively, but the distinction between them was insignificant; when b value was 800, QI and SNR of DWI were low. QI and SNR of DWI had no significant difference between TR = 4 000, 6 000 and 8 000. QI of DWI with 2 mm thickness was bigger than that with 5 mm thickness （t = 3.04, P〈0.01）, but SNR of DWI with 2 mm thickness was significantly smaller （t = -17.86, P〈0.01）. SNR of MRI with knee joint coil was obviously bigger than that with cranium coil It = -5.77 （TlWI） or -4.02 （T2WI）, P〈0.01], but QI of MRI was smaller on the contrary It = 7.10 （TlWI） or 3.97 （T2WI）, P〈0.01]. When FOV was enlarged gradually, SNR of MRI increased IF= 85.81 （T1WI） or 221.96 （T2WI）, P〈0.01], but QI firstly increased, then decreased IF= 68.67 （TlWI） or 69.46 （T2WI）, P〈0.01] and QI of MRI was the biggest when FOV was 20 crux15 cm. CONCLUSION： The scanning technique is very important in DWl of rabbit liver and the overall quality of DWl with b （100 s/mm2）, thickness （2 mm）, cranium coils and FOV（20 cm×15 cm） was best in our study, when other parameters were the same.

Effects of salinity and body mass on oxygen consumption and ammonia excretion of mudskipper Boleophthalmus pectinirostris

We evaluated the effects of salinity and body mass on the oxygen consumption rate and ammonia excretion rate of mudskipper Boleophthalmus pectinirostris under laboratory conditions. Salinity and body mass had highly significant effects on the oxygen consumption rate （Ro） and ammonia excretion rate （RN） （P〈0.01）. The interactive effects between salinity and body mass on Ro and RN were insignificant （P〉0.05） and highly significant （P〈0.01）, respectively. Ro and RN of B. pectinirostris decreased significantly as the individual body mass increased. The relationship between Ro and body mass was represented by Ro=aWb （R^2=0.956, P〈0.01）. The relationship between RN and the body mass ofB. pectinirostris was represented by RN-cW^at （R^2=0.966, P〈0.01）. The Ro/RN （O：N） ratios increased significantly as the salinity increased from 12 to 27, but decreased as salinity increased from 27 to 32. The atomic O：N ratios were significantly higher at 27 than at other salinity levels. The average O：N ratio was 25.25. Lipid and carbohydrate were the primary energy sources and protein was the secondary energy significantly higher at 27 than at other salinity levels B, pectinirostris is 27. source within the salinity range 12 32. Ro andRN were Our results suggest that the optimum salinity level for B. pectinirostris is 27.

Comparative study on aerodynamic heating under perfect and nonequilibrium hypersonic flows

In this study, comparative heat flux measurements for a sharp cone model were conducted by utilizing a high enthalpy shock tunnel JF-10 and a large-scale shock tunnel JF-12, responsible for providing nonequilibrium and perfect gas flows, respectively. Experiments were performed at the Key Laboratory of High Temperature Gas Dynamics(LHD), Institute of Mechanics, Chinese Academy of Sciences. Corresponding numerical simulations were also conducted in effort to better understand the phenomena accompanying in these experiments. By assessing the consistency and accuracy of all the data gathered during this study, a detailed comparison of sharp cone heat transfer under a totally different kind of freestream conditions was build and analyzed. One specific parameter, defined as the product of the Stanton number and the square root of the Reynold number, was found to be more characteristic for the aerodynamic heating phenomena encountered in hypersonic flight. Adequate use of said parameter practically eliminates the variability caused by the deferent flow conditions, regardless of whether the flow is in dissociation or the boundary condition is catalytic. Essentially, the parameter identified in this study reduces the amount of ground experimental data necessary and eases data extrapolation to flight.

Responses of Soil Microbial Activity and Biomass to Salinity After Repeated Additions of Plant Residues

Microbial adaptation to salinity can be achieved through synthesis of organic osmolytes,which requires high amounts of energy;however,a single addition of plant residues can only temporarily improve energy supply to soil microbes.Therefore,a laboratory incubation experiment was conducted to evaluate the responses of soil microbes to increasing salinity with repeated additions of plant residues using a loamy sand soil with an electrical conductivity in saturated paste extract(EC_e) of 0.6 dS m^(-1).The soil was kept non-saline or salinized by adding different amounts of NaCl to achieve EC_e of 12.5,25.0 and 50.0 dS m^(-1).The non-saline soil and the saline soils were amended with finely ground pea residues at two rates equivalent to 3.9 and 7.8 g C kg^(-1) soil on days 0,15 and29.The soils receiving no residues were included as a control.Cumulative respiration per g C added over 2 weeks after each residue addition was always greater at 3.9 than 7.8 g C kg^(-1) soil and higher in the non-saline soil than in the saline soils.In the saline soils,the cumulative respiration per g C added was higher after the second and third additions than after the first addition except with3.9 g C kg^(-1) at EC_e of 50 dS m^(_1).Though with the same amount of C added(7.8 g C kg^(-1)),salinity reduced soil respiration to a lesser extent when 3.9 g C kg^(-1) was added twice compared to a single addition of 7.8 g C kg^(-1).After the third residue addition,the microbial biomass C concentration was significantly lower in the soils with EC_e of 25 and 50 dS m^(_1) than in the non-saline soil at3.9 g C kg^(-1),but only in the soil with EC_e of 50 dS m^(-1) at 7.8 g C kg^(-1).We concluded that repeated residue additions increased the adaptation of soil microbial community to salinity,which was likely due to high C availability providing microbes with the energy needed for synthesis of organic osmolytes.

Experimental characterization of the bipolar effect on P-hit single-event transients in 65 nm twin-well and triple-well CMOS technologies

Single-event charge collection is controlled by drift, diffusion and the bipolar effect. Previous work has established that the bipolar effect is significant in the p-type metal-oxide-semiconductor field-effect transistor(PMOS) in 90 nm technology and above. However, the consequences of the bipolar effect on P-hit single-event transients have still not completely been characterized in 65 nm technology. In this paper, characterization of the consequences of the bipolar effect on P-hit single-event transients is performed by heavy ion experiments in both 65 nm twin-well and triple-well complementary metal-oxide-semiconductor(CMOS) technologies. Two inverter chains with clever layout structures are explored for the characterization. Ge(linear energy transfer(LET) = 37.4 Me V cm^2/mg) and Ti(LET = 22.2 Me V cm^2/mg) particles are also employed. The experimental results show that with Ge(Ti) exposure, the average pulse reduction is 49 ps(45 ps) in triple-well CMOS technology and 42 ps(32 ps) in twin-well CMOS technology when the bipolar effect is efficiently mitigated. This characterization will provide an important reference for radiation hardening integrated circuit design.