论现代西方法治理论对宪法“限权”功能的重视

不受限制的权力必然走向腐败。在西方的法治理论中,对宪法"限权"的功能有着充分的论述。文章以德国的教训和英国政治理论家戴西、詹宁斯的限权理论为依据,阐明了现代西方法治理论中制约、监督、控制政府权力的理论观点。

建立现代教育治理体系亟须遏制权力扩张

我国教育行政权力的配置存在越权管理教育、扩权管理教育、交叉管理教育、集权管理教育、代替地方和学校管理教育等问题。全面推进教育治理体系和治理能力现代化,必须采取"确权"、"限权"、"放权"和"让权"四个举措,科学配置教育行政权力,建立权力边界清晰、权责匹配、相互制约、执行有力、接受监督的国家公共教育行政权力机制。

Permission and role automatic assigning of user in role-based access control

Role mining and setup affect the usage of role-based access control(RBAC).Traditionally,user's role and permission assigning are manipulated by security administrator of system.However,the cost is expensive and the operating process is complex.A new role analyzing method was proposed by generating mappings and using them to provide recommendation for systems.The relation among sets of permissions,roles and users was explored by generating mappings,and the relation between sets of users and attributes was analyzed by means of the concept lattice model,generating a critical mapping between the attribute and permission sets,and making the meaning of the role natural and operational.Thus,a role is determined by permission set and user's attributes.The generated mappings were used to automatically assign permissions and roles to new users.Experimental results show that the proposed algorithm is effective and efficient.

The three-factor model of evaluating mining rights of coal resources based on options

Since mining rights of coal resources(for short MRCR) could be regarded as a multi-stage compound real option,the evaluation for MRCR can be better solved using op- tion theory than the NPV.In the former research,we developed a two-factor model of evaluating MRCR when the coal spot price and convenience yield are stochastic based on option theory.On the basis of this two-factor model,we set up a three-factor model of evaluating MRCR when the interest rate followed a stochastic process.Through a real example application,we found the model can get higher values than the two-factor model and the NPV.This is because considering the volatility of interest rate can improve the executive opportunity of MRCR.

Distributed certification application via a trusted dealer

Distributed certification via threshold cryptography is much more secu re than other ways to protect certification authority (CA) 's private key,and c an tolerate some intrusions. As the original system such as ITTC,etc.,is unsaf e ,inefficient and impracitcal in actual network environment,this paper brings u p a new distributed certification scheme,which although it generates key shares concentratively,it updates key shares distributedly,and so,avoids single-po in t failure like ITTC. It not only enhances robustness with Feldman verification and SSL protocol,but can also change the threshold (t,k) flexibly and robu stly,and so,is much more practical. In this work,the authors implement the prototype sy stem of the new scheme and test and analyze its performance.

Android Malware Detection with Contrasting Permission Patterns

As the risk of malware is sharply increasing in Android platform,Android malware detection has become an important research topic.Existing works have demonstrated that required permissions of Android applications are valuable for malware analysis,but how to exploit those permission patterns for malware detection remains an open issue.In this paper,we introduce the contrasting permission patterns to characterize the essential differences between malwares and clean applications from the permission aspect Then a framework based on contrasting permission patterns is presented for Android malware detection.According to the proposed framework,an ensemble classifier,Enclamald,is further developed to detect whether an application is potentially malicious.Every contrasting permission pattern is acting as a weak classifier in Enclamald,and the weighted predictions of involved weak classifiers are aggregated to the final result.Experiments on real-world applications validate that the proposed Enclamald classifier outperforms commonly used classifiers for Android Malware Detection.

Free Riding Inhibition Mechanism Based on User Behavior in P2P File-Sharing System

In order to inhibit Free Riding in Peer-toPeer(P2P) file-sharing systems,the Free Riding Inhibition Mechanism Based on User Behavior(IMBUB) is proposed.IMBUB considers the regularity of user behavior and models user behavior by analyzing many definitions and formulas.In IMBUB,Bandwidth Allocated Ratio,Incentive Mechanism Based on User Online Time,Double Reward Mechanism,Incentive Mechanism of Sharing for Permission and Inhibition Mechanism of White-washing Behavior are put forward to inhibit Free Riding and encourage user sharing.A P2P file system BITShare is designed and realized under the conditions of a campus network environment.The test results show that BITShare's Query Hit Ratio has a significant increase from 22% to 99%,and the sharing process in BITShare is very optimistic.Most users opt to use online time to exchange service quality instead of white-washing behavior,and the real white-ishing ratio in BITShare is lower than 1%.We confirm that IMBUB can effectively inhibit Free Riding behavior in P2P file-sharing systems.

A Privilege Separation Method for Security Commercial Transactions

Privilege user is needed to manage the commercial transactions, but a super-administrator may have monopolize power and cause serious security problem. Relied on trusted computing technology, a privilege separation method is proposed to satisfy the security management requirement for information systems. It authorizes the system privilege to three different managers, and none of it can be interfered by others. Process algebra Communication Sequential Processes is used to model the three powers mechanism, and safety effect is analyzed and compared.

Three-dimensional stability of landslides based on local safety factor

Unlike the limit equilibrium method(LEM), with which only the global safety factor of the landslide can be calculated, a local safety factor(LSF) method is proposed to evaluate the stability of different sections of a landslide in this paper. Based on three-dimensional(3D) numerical simulation results, the local safety factor is defined as the ratio of the shear strength of the soil at an element on the slip zone to the shear stress parallel to the sliding direction at that element. The global safety factor of the landslide is defined as the weighted average of all local safety factors based on the area of the slip surface. Some example analyses show that the results computed by the LSF method agree well with those calculated by the General Limit Equilibrium(GLE) method in two-dimensional(2D) models and the distribution of the LSF in the 3D slip zone is consistent with that indicated by the observed deformation pattern of an actual landslide in China.

A DUAL RESERVATION CDMA-BASED MAC PROTOCOL WITH POWER CONTROL FOR AD HOC NETWORKS

This paper proposes a new multi-channel Medium Access Control (MAC) protocol named as Dual Reservation Code Division Multiple Access (CDMA) based MAC protocol with Power Control (DRCPC). The code channel is divided into common channel,broadcast channel and several data chan-nels. And dynamic power control mechanism is implemented to reduce near-far interference. Compared with IEEE 802.11 Distributed Coordination Function (DCF) protocol,the results show that the pro-posed mechanism improves the average throughput and limits the transmission delay efficiently.

L~∞-Error Estimate of a Nonconfoming Rectangular Plate Element

In this paper,a nonconforming rectangular plate element,the modified incomplete biquadratic plate element,is considered. The asympotic optimal L~∞-error estimate is obtained for the plate bending problem. This proof is based on the method of regularized Green's function and 'the trick of auxiliary element'.

Value Creation of Business Process Management （BPM） and Managerial Accounting System （MAS）： A Case Study

This paper explores the value creation of business process management （BPM） and managerial accounting system （MAS） using a case study. The findings show that BPM shortens the management chain and increases the connections among functions in the organization by right reassignment. Accounting indicators in MAS provide necessary information about business processes, which assists performance evaluation in BPM, and meanwhile, incentive schemes give enough motives, which guide employees to take actions in accordance with the organizational strategies and processes＇ goals. The information effect and motive effect of MAS increase employees＇ work satisfaction and their cooperation with each other. In the end, the integration of BPM and MAS improves the organizational economic performance, thus creating value for the organization. The results explain the reason why so much BPM fails in practice, because right assignment, performance evaluation system, and incentive schemes constitute organizational architecture, which is critical to organizational value. Additionally, the value creation of BPM and MAS depends on their coordination with the external environment, the internal situation, and the organizational strategy. From the view of managerial accounting perspective, MAS not only changes with the organization development but also facilitates the organization development.

Why Higher Education＇s Pursuit of eLearning Technology Fails Minority Learners

As technology becomes increasingly integrated into the teaching and learning processes at the university level, it is imperative that research be conducted in relation to the impact of technology acquisition on minority learning populations. Research suggests that we need to improve the ways technology is applied, adopted and introduced and that higher levels of support should be provided to minority and nontraditional learning populations as they immerse themselves into higher education environments. Avenues for discussion of cost-effective technology integration and transition are explored; data identifies a need for more effective selection and alignment of learning needs with learning tools earlier on in the process of technology implementation across campuses. Research suggests this supports student presence, persistence, retention and success. Without it, however, we fail to support the very learners we seek to provide higher levels of access and opportunity. This failure will impact learners and institutions alike by placing disadvantage populations in precarious positions and universities having to choose between cultural, economic and human capital. The paper is organized as follows： Section 1： Introduction; Section 2： Need for Understanding Minority Enrollment Patterns; Section 3： Analysis of Report Data; Section 4： Strategy; Section 5： Conclusions.

Corporate Social Responsibility （CSR）, Good Corporate Governance （GCG）, and Firm Performance

The strategy of the company, such as corporate social responsibility （CSR）, can be adopted to show a good image of the company to the external parties. The company can maximize the shareholders＇ equities, the prosperity of the owners of interests, the reputation of the company, and the long-term viability of the company by undertaking the CSR. The controversy whether the company should be engaged in CSR or not is still going on. According to the shareholder theory, the supporters of CSR （Donaldson ＆ Preston, 1995; Jones, 1995） say that CSR is a mechanism to achieve a better financial condition and to maximize the property of the shareholders （A. Mackey, T. B. Mackey, ＆ Barney, 2007）. This research investigates in three folds, the relationships among corporate governance, CSR, and firm performance, then the relationship between intellectual property and firm performance. This research shows that the independent board of commissioners is related to CSR. CSR and the institutional ownership are also related to firm performance. In addition, intellectual property is strongly related to firm performance. This means that intellectual property owned by public-limited companies in Indonesia increases firm performance.

The Limit to the Liberty of Expression in the Western World from the Perspective of Jurisprudence

The liberty of expression is one of the most important values in the human society, and a tolerant, unconstrained social atmosphere can provide personal development with a healthy and harmonious environment. Since the modern times, the liberty of expression has been gradually deemed by academic circles and all walks of life as a basic human right, and also has been fixed as a basic right of citizens through the legal form. The purpose of this paper is to clearly analyze the kernel and value of the liberty of expression through a historical review, so as to specifically sort out the development course of the liberty of expression and also excavate its implied meanings. In addition, the embodiment of the liberty of expression in both theory and practice since the modern times is analyzed around the limit theory of the liberty of expression, and then the opinions of the author are drawn up. Thus, some new ideas and views are provided for the future development of the liberty of expression from a new perspective.

湖南省郴州市向县处级党政“一把手”发出“限权令”

日前，该市市委向县处级领导班子党政“一把手”发出“限权令”：对县处级领导班子党政正职实行“三重一大”事项集体决策制度、“三项工作不直接分管”制度（县处级党政正职不直接分管本单位干部人事、财务、工程项目建设工作）、向市纪委全会述廉制度。

Dilemma of concepts and strategies for the prevention of spread of HIV in relation to human behavior,law and human rights

The new prevalence data regarding the estimated global number of human immunodeficiency virus positive (HIV+) cases,i.e.,including people who are either aware or unaware of their HIV infection in 2010,lead many to wonder why the increase in incidence has reached today’s unprecedented level and escalated within such a short time.This,in spite of prevention campaigns in countries affected by HIV/acquired immune deficiency syndrome (AIDS) with their urgent messages aimed at preventing HIV transmission by promoting changes in individual’s behavior.This article analyzes the background of the prevention strategies,in particular their political,social and legal concepts in terms of human rights,and reveals traits of human behavior not considered thus far.A radical reappraisal is necessary,at social and legislative levels,as well as options additional to current concepts.When ethical issues come up,they become blamed for outmoded moralistic positions.However,ignoring the reality has led to dire consequences from prioritizing individual human rights over society’s collective need to prevent the spread of HIV.

Stable Rank One and Real Rank Zero for Crossed Products by Finite Group Actions with the Tracial Rokhlin Property

The authors prove that the crossed product of an infinite dimensional simple separable unital C*-algebra with stable rank one by an action of a finite group with the tracial Rokhlin property has again stable rank one. It is also proved that the crossed product of an infinite dimensional simple separable unital C*-algebra with real rank zero by an action of a finite group with the tracial Rokhlin property has again real rank zero.

On Regular Power-Substitution

The necessary and sufficient conditions under which a ring satisfies regular power-substitution are investigated. It is shown that a ring R satisfies regular powersubstitution if and only if a-b in R implies that there exist n ∈ N and a U E GLn （R） such that aU = Ub if and only if for any regular x ∈ R there exist m,n ∈ N and U ∈ GLn（R） such that x^mIn = xmUx^m, where a-b means that there exists x,y, z∈ R such that a =ybx, b = xaz and x= xyx = xzx. It is proved that every directly finite simple ring satisfies regular power-substitution. Some applications for stably free R-modules are also obtained.

Anti-monopoly law in the compulsory licensing of intellectual property

As an incentive to innovation, intellectual property （IP） should be protected by law. However, as it is a key factor in market competition, it should also be subject to competition law. In most jurisdictions, restriction of competition related to IP rights is not a black and white question, and such rights are challenged only when the IP owners hold market power and when protection of their fights has a serious and unreasonable effect on competition. In assessing IP-related restriction of competition, we need to analyze several elements： we have to define the relevant markets, identify the parties concerned, determine their market share, assess the anti-competitive effects of the controls, etc.. China＇s existing legislation is not adequate to solve problems arising from IP-related restriction of competition. Nevertheless, the process of China＇s legislation on this issue shows clearly that the misuse of IP rights for the purpose of excluding or significantly restricting competition is not justifiable under competition law.