公安机关裁量性基准的反思与司法规制路径

公安机关裁量性基准是将法律已有的裁量空间根据过罚相当原则并结合本地区社会治安状况以及经济发展状况,理性分割为若干裁量等级,根据违法行为的性质、情节、社会危害程度的不同处以相应的处罚,是对公安机关裁量权的细化和规范。公安机关裁量性基准肇始于2004年的金华市公安局,在接近16年的发展过程中,裁量性基准以其文本化、规范化、标准统一化成为规范警察权行使的有效途径,各地公安机关也相继推出裁量性基准以提高执法的可视度。然而公安机关裁量性基准在推行中由于缺乏规制出现了一些问题,例如没有统一规范、制定主体混乱、不公开属性规避审查等。目前对裁量性基准进行规制主要有备案审查、行政自制、司法审查三种路径,随着新《行政诉讼法》等53条的出现,司法审查的方式逐渐明晰,其优势也被学界所认可,虽然法院不能直接对违法的基准作出不合法的裁判,但是可以凭借说理论证、公开裁判文书等多重因素发挥外在效果,这样不仅可以成为行政自制的监督,也可以对备案制度起到倒逼作用。

公安队伍敏捷性概念探析

如何优化警务组织形态,进一步提高公安机关的灵活性与创新性,成为了公安改革的关键。信息化警务的蓬勃发展对于警务前瞻性的要求也愈来愈高。文章以组织敏捷性理论为支撑,对敏捷性概念的起源和组织敏捷性概念进行简述,以现实事例为依据,提出公安队伍敏捷性的概念,并阐述提出此概念的原因和意义。

浅析边防战术的特性

边防战术是指导和进行边防战斗的方法.了解掌握边防战术的特点与性质,对于公安边防部队指战员保卫国家主权和领土完整,打击边境各类违法分子,维护边境地区的安全行动十分重要.分析了边防作战的对象、任务、目的及边防战术具有的军事性、公安性和执法性等特性.

A Resistant Quantum Key Exchange Protocol and Its Corresponding Encryption Scheme

The emergence of quantum computer will threaten the security of existing public-key cryptosystems, including the Diffie Hellman key exchange protocol, encryption scheme and etc, and it makes the study of resistant quantum cryptography very urgent. This motivate us to design a new key exchange protocol and eneryption scheme in this paper. Firstly, some acknowledged mathematical problems was introduced, such as ergodic matrix problem and tensor decomposition problem, the two problems have been proved to NPC hard. From the computational complexity prospective, NPC problems have been considered that there is no polynomial-time quantum algorithm to solve them. From the algebraic structures prospective, non-commutative cryptography has been considered to resist quantum. The matrix and tensor operator we adopted also satisfied with this non-commutative algebraic structures, so they can be used as candidate problems for resisting quantum from perspective of computational complexity theory and algebraic structures. Secondly, a new problem was constructed based on the introduced problems in this paper, then a key exchange protocol and a public key encryption scheme were proposed based on it. Finally the security analysis, efficiency, recommended parameters, performance evaluation and etc. were also been given. The two schemes has the following characteristics, provable security,security bits can be scalable, to achieve high efficiency, quantum resistance, and etc.

Donor safety and remnant liver volume in living donor liver transplantation

AIM:To evaluate the relationship between donor safety and remnant liver volume in right lobe living donor liver transplantation(LDLT).METHODS:From July 2001 to January 2009,our liver transplant centers carried out 197 LDLTs.The clinical data from 151 cases of adult right lobe living donors(not including the middle hepatic vein) were analyzed.The conditions of the three groups of donors were well matched in terms of the studied parameters.The donors' preoperative data,intraoperative and postoperative data were calculated for the three groups:Group 1 remnant liver volume(RLV) < 35%,group 2 RLV 36%-40%,and group 3 RLV > 40%.Comparisons included the different remnant liver volumes on postoperative liver function recovery and the impact of systemic conditions.Correlations between remnant liver volume and post-operative complications were also analyzed.RESULTS:The donors' anthroposomatology data,op-eration time,and preoperative donor blood test indicators were calculated for the three groups.No significant differences were observed between the donors' gender,age,height,weight,and operation time.According to the Chengdu standard liver volume formula,the total liver volume of group 1 was 1072.88 ± 131.06 mL,group 2 was 1043.84 ± 97.11 mL,and group 3 was 1065.33 ± 136.02 mL.The three groups showed no statistically significant differences.When the volume of the remnant liver was less than 35% of the total liver volume,the volume of the remnant had a significant effect on the recovery of liver function and intensive care unit time.In addition,the occurrence of complications was closely related to the remnant liver volume.When the volume of the remnant liver was more than 35% of the total liver volume,the remnant volume change had no significant effect on donor recovery.CONCLUSION:To ensure donor safety,the remnant liver volume should be greater than the standard liver volume(35%) in right lobe living donor liver transplantation.

Properties of Parity Non-conserved and Parity Conserved States in Matrix Product Systems

In terms of reflection transformation of a matrix product state （MPS）, the parity of the MPS is defined. Based on the reflective parity non-conserved MPS pair we construct the even-parity state ｜ψe〉 and the odd-parity state ｜ψσ〉. It is interesting to find that the parity non-conserved reflective MPS pair have no long-range correlations; instead the even-parity state ｜ψe〉 and the odd-parity state ｜ψo〉 constructed from them have the same long-range correlations for the parity non-conserved block operators. Moreover, the entanglement between a block of n contiguous spins and the rest of the spin chain for the states ｜ψe〉 and ｜ψo〉 is larger than that for the reflective MPS pair except for n = 1, and the difference of them approaches 1 monotonically and asymptotically from 0 as n increases from 1. These characteristics indicate that MPS parity as a conserved physical quantity represents a kind of coherent collective quantum mode, and that the parity conserved MPSs contain more correlation, coherence, and entanglement than the parity non-conserved ones.

Security Analysis and Improvement of TNC IF-T Protocol Binding to TLS

The TNC IF-T Protocol Binding to TLS(TIPBT) is specified by Trusted Computing Group(TCG) for TNC assessment exchanges.However,the TIPBT cannot be analysed by current Strand Space Model(SSM) because of the different requirements from the traditional security protocols.In order to solve this problem,first,we give an extension of the SSM and point out the TIPBT cannot prevent Man-in-the-Middle(MITM) attacks in some cases based on the extended SSM.Then,we improve the TIPBT and show that the improved TIPBT can resist MITM attacks in the extended SSM.

A Multivariate Public Key Cryptographic Scheme

This paper presents a multivariate public key cryptographic scheme over a finite field with odd prime characteristic.The idea of embedding and layering is manifested in its construction.The security of the scheme is analyzed in detail,and this paper indicates that the scheme can withstand the up to date differential cryptanalysis.We give heuristic arguments to show that this scheme resists all known attacks.

Authenticated Key Agreement Protocol

Key agreement and identification protocols are much applicable among current protocols in cryptography. These protocols are used for a secure communication through an insecure channel in a network like Internet. Challenge-response identification protocol is an important identification method. In this paper, by making some slight changes in the public-key-based challenge-response identification protocol, we have introduced a new scheme in which the users in addition to authenticating each other can also agree on multiple keys. Then, this protocol＇s security from both aspects regarding the identification and key agreement will be analyzed. At the end, we will prove our scheme has a high security and efficiency in comparison with some famous and similar protocols.

Key substitution attacks on some verifiably encrypted signature schemes

As a special kind of digital signature, verifiably encrypted signatures are used as a building block to construct optimistic fair exchange. Many verifiably encrypted signature schemes have been proposed so far and most of them were proven secure under certain complexity assumptions. In this paper, however, we find that although some schemes are secure in a single-user setting, they are not secure in a multi-user setting any more. We show that Zhang, et al. ＇ s scheme, Gorantla, et al. ＇ s scheme and Ming, et al. ＇ s scheme are vulnerable to key substitution attacks, where an adversary can generate new keys satisfying legitimate verifiably encrypted signatures created by the legitimate users. We also show that this kind of attacks can breach the fairness when they are used in fair exchange in a multi-user setting.

公安现役部队院校应加强与社会的联系

结合公安现役院校的特点探讨了加强与社会联系的重要意义和方法。

Design and reliability,availability,maintainability,and safety analysis of a high availability quadruple vital computer system

With the development of high-speed railways in China,more than 2000 high-speed trains will be put into use.Safety and efficiency of railway transportation is increasingly important.We have designed a high availability quadruple vital computer (HAQVC) system based on the analysis of the architecture of the traditional double 2-out-of-2 system and 2-out-of-3 system.The HAQVC system is a system with high availability and safety,with prominent characteristics such as fire-new internal architecture,high efficiency,reliable data interaction mechanism,and operation state change mechanism.The hardware of the vital CPU is based on ARM7 with the real-time embedded safe operation system (ES-OS).The Markov modeling method is designed to evaluate the reliability,availability,maintainability,and safety (RAMS) of the system.In this paper,we demonstrate that the HAQVC system is more reliable than the all voting triple modular redundancy (AVTMR) system and double 2-out-of-2 system.Thus,the design can be used for a specific application system,such as an airplane or high-speed railway system.