论法院分案模式的困境、反思与进路——以智能化分案模式为中心

分案模式的科学化与合理化是优化配置审判资源的重要路径,也是深化司法责任制改革的重要环节。近年来,随着传统分案模式的弊端日益凸显,部分法院开始尝试改变传统的分案模式,探索有利于优化审判资源、提高审判效力的分案方法,如轮流分案、随机分案。可以说,每个分案模式的提出都不是盲目的,都有其各自的理论支撑,都经历了对其应用价值进行判断、构想和考量的过程。因此,有必要对我国法院现行分案模式的弊端进行审视和反思,探索重构一个对过往有总结、跟现实能贴合、于未来有开拓,既符合司法责任制改革精神,又具有理论支撑和实践前提,还尊重法官主题地位的智能化分案模式,即"库存定量、结出递补;辖区优先、专业优先;主业随机、次业随意;溢出案件、挂牌拍卖;重大疑难、领导托底;案值权重、供求定价;多劳多得、按分取酬"。

员额制改革背景下法院分案机制研究

随着法官员额制改革在全国法院的全面落实,我国法院传统分案制度所存在的各种不适应的问题日益突显。总结我国法院传统分案模式,分析案件分配制度现存的诸多问题,需要坚持"随机分案机制为主、指定分案为辅"的分案模式,提高案件分配的均衡化,完善分案模式,探索构建灵活的配套运行体系,分案制度的探索与实践,必须遵守司法活动的一般性原则等。尽快出台具体实施细则和构建分案制度配套运行体系,应当是人民法院司法体制改革一项重要内容。

人民法庭负责执行的实践与模式选择

无论是在立法层面抑或是实践层面,人民法庭负责执行工作向来有规可循。在执行体制改革的浪潮中,各地人民法院在探索人民法庭负责执行工作中推陈出新。实践中人民法庭与执行局各自的执案守备范围不同,根据分案标准的不同,执行工作呈现出两种模式,固定分案执行模式及随机分案执行模式。在我国人民法庭负责执行工作制度化构建方面,固定分案执行模式应当成为基本走向。但是在理论和制度构建上则不应局限于人民法庭负责执行工作的改进,而应纵观全局,继续深化执行改革,健全解决执行难长效机制,组建专业化执行团队,依托现代信息技术,以执行指挥中心综合管理平台为核心,推进案件科学合理的繁简分流,以彰显执行的效率价值。

未成年人与成年人共同犯罪案件分案审理模式研究

未成年人与成年人共同犯罪案件有分案、并案两种审理模式,当前对于这一问题,理论研究尚且不够全面,在司法实践中操作标准也不统一。分案模式有较多的优点,同时也有一定的劣势,在确定审理模式时应以保护未成年人权益、查明事实、保障效率等为原则,根据案情的不同,适用分案由少年庭审理、分案由少年庭及刑庭分别审理、并案由少年庭审理和并案由刑庭审理四种审理模式。

A study of rock bolting failure modes

Rock bolting has advanced rapidly during the past 4 decades due to a better understanding of load transfer mechanisms and advances made in the bolt system technology. Bolts are used as permanent and temporary support systems in tunnelling and mining operations. A review of has indicated that three systems of reinforcement devices have evolved as part of rock bolt and ground anchor while the rock is not generally thought of as being a component of the reinforcement system. A classification of rock bolting reinforcement systems is presented, followed by the fundamental theory of the load transfer mechanism. The failure mode of two phases of rock bolting system is formularised. The failure modes of cable bolting are discussed using a bond strength model as well as an iterative method. Finally, the interfacial shear stress model for ribbed bar is introduced and a closed form solution is obtained using a tri-line stress strain relationship.

Dynamic overlapped spectrum allocation based on potential game in cognitive radio networks

In order to make full use of wireless spectrum resources,the behavior of cognitive radio(CR)for dynamic spectrum allocation is analyzed based on the game theoretic framework.The traditional spectrum allocation schemes consider the spectrum allocation among independent frequency bands only,without taking into account mutually overlapped frequency bands.For this reason,an optimal allocation etiquette is defined to promote the cross characteristic of the frequency bands in a dynamic spectrum allocation model.New interference operator and interference temperature constraints are introduced in order to realize calculation of the interference,and the corresponding spectrum allocation scenario can be further formulated as a potential game.Based on the characteristic of dynamic selection using the game theory and the interference avoidance rule of interference temperature,the robustness of CR networks is increased and the scenario is more suitable for the dynamic changing of actual wireless communication and energy saving communication systems.Simulation results show that the signal to interference and noise ratio(SINR) level can be significantly improved through the optimal allocation of any available spectrum.The utilization rate of spectrum and throughput of overall CR networks are increased by fully utilizing the spectrum resources in the dynamic spectrum allocation model.

SWOT Analysis on Flipped Classroom Based on Chinese Setting

The flipped classroom as a new teaching mode has provided a new thought for the development of teaching and learning. This paper first introduces the concept and features of flipped classrooms, and then compares some typical cases of flipped classrooms at home and abroad. Based on this, this paper introduces the business analysis method --SWOT analysis, to analyzes the strengths and weaknesses as well as the opportunities and threats of flipped classroom application in China. In addition, enlightenment on the application of flipped classroom in theory and teaching practice are provided in the final part of the paper.

Optical Operator Method in Two-Mode Case and Entangled Fresnel Operator's Decomposition

Based on the entangled Fresnel operator （EFO） proposed in [Commun. Theor. Phys. 46 （2006） 559], the optical operator method studied by the IWOP technique （Ma et al., Commun. Theor. Phys. 49 （2008） 1295） is extended to the two-mode case, which gives the decomposition of the entangled Fresnel operator, corresponding to the decomposition of ray transfer matrix [A, B, C, D]. The EFO can unify those optical operators in two-mode case. Various decompositions of EFO into the exponential canonical operators are obtained. The entangled state representation is useful in the research.

IMPACTS OF CUMULUS PARAMETERIZATION AND RESOLUTION ON THE MJO SIMULATION

Madden-Julian Oscillations (MJO) in six integrations using an AGCM with different cumulus parameterization schemes and resolutions are examined to investigate their impacts on the MJO simulation. Results suggest that the MJO simulation can be affected by both resolution and cumulus parameterization, though the latter, which determines the fundamental ability of the AGCM in simulating the MJO and the characteristics of the simulated MJO, is more crucial than the former. Model resolution can substantially affect the simulated MJO in certain aspects. Increasing resolution cannot improve the simulated MJO substantially, but can significantly modulate the detailed character of the simulated MJO; meanwhile, the impacts of resolution are dependent on the cumulus parameterization, determining the basic features of the MJO. Changes in the resolution do not alter the nature of the simulated MJO but rather regulate the simulation itself, which is constrained by cumulus parameterization schemes. Therefore, the vertical resolution needs to be increased simultaneously. The vertical profile of diabatic heating may be a crucial factor that is responsible for these different modeling results. To a large extent, it is determined by the cumulus parameterization scheme used.

The exploration of the innovation mode of school enterprise cooperation in game analysis

school enterprise cooperation as a new mode of teaching. In the teaching practice has its advantages and disadvantages, how to obtain the maximum value in the pros and cons,It is the problems that enterprises and schools, both sides need to work together to solve. This article will carries on the domestic and foreign cooperation game research production analysis on the advantages and disadvantages in school enterprise cooperation and the analysis of its innovation. Emphasizing that between school and enterprises signed employment agreement, both parties together to develop personnel training plan, and the teachers, technology and other aspects to carry on the cooperation, using ＂agreement order type＂ talent culture.

检察机关刑事案件承办确定机制研究

随着近年来开展扫黑除恶专项斗争,打击电信网络诈骗专项行动的不断深入,检察机关受理的刑事案件不断增长,案多人少的矛盾日益突出.如何科学分配案件,优化检察权资源配置,是检察机关推进司法体制改革的重要环节.本文从全国检察机关近年来的分案情况和发展趋势出发,通过对保亭县人民检察院的分案实践进行实证分析,试图设计出适合我国实际情况的、行之有效的分案管理机制,为深化司法体制改革拓宽思路.

Comparisons of GCM cloud cover parameterizations with cloud-resolving model explicit simulations

Three kinds of the widely-used cloudiness parameterizations are compared with data produced from the cloud-resolving model(CRM) simulations of the tropical cloud system. The investigated schemes include those based on relative humidity(RH), the semi-empirical scheme using cloud condensate as a predictor, and the statistical scheme based on probability distribution functions(PDFs). Results show that all three schemes are successful in reproducing the timing of cloud generation, except for the RH-based scheme, in which low-level clouds are artificially simulated during cloudless days. In contrast, the low-level clouds are well simulated in the semi-empirical and PDF-based statistical schemes, both of which are close to the CRM explicit simulations. In addition to the Gaussian PDF, two alternative PDFs are also explored to investigate the impact of different PDFs on cloud parameterizations. All the PDF-based parameterizations are found to be inaccurate for high cloud simulations, in either the magnitude or the structure. The primary reason is that the investigated PDFs are symmetrically assumed, yet the skewness factors in deep convective cloud regimes are highly significant, indicating the symmetrical assumption is not well satisfied in those regimes. Results imply the need to seek a skewed PDF in statistical schemes so that it can yield better performance in high cloud simulations.