贿赂犯罪不完全对向性的补足:并重惩治

我国立法及司法对贿赂犯罪的处理,素来受到“重受贿,轻行贿”传统观念的影响,对行贿犯罪与受贿犯罪的立法存在构成要件、量刑设置、罪名设置、追诉时效等方面的不对向,使得司法实践产生行贿方主观不对向、受贿方客观不对向,同案处罚不平衡、不合理等司法困境。《刑法修正案(十二) (草案)》对行贿罪量刑的修订实际上是对“行贿受贿并重惩治”刑事政策的重申。落实党中央“坚持受贿行贿一起查”重要决策部署是司法机关的思维模式向“行贿受贿并重惩治”转变的重要前提,将行贿、受贿之于贿赂犯罪处理置于同样重要的环节及位置,处以轻重相称的量刑标准是“行贿受贿并重惩治”的应有之意。要合理解决贿赂犯罪不完全对向性所产生的司法困境,还需要慎重审视“行贿受贿并重惩治”刑事政策实现的现有障碍,着重表现为行贿犯罪“谋取不正当利益”要件的存废问题,并善用“囚徒困境”理论,解决并重惩治协调性问题。

浅谈函授教学中两个对向性运动的统一

个人能力的形成一般表现为两个对向性运动的过程 :一个是个人通过受教将各种知识内化 ;另一个是个人通过实践将所掌握的知识外化。这两个运动是紧密联系、互为影响的 ,在能力的形成过程中处于同等重要的地位。函授教学因在培养目标、招生对象、教学内容等方面具有明显有利的条件。所以 ,在函授教学中要把上述两个对向性运动进行有机的统一 ,必须要确立新的教学观念、改进教学方法。

浅谈函授教学中两个对向性运动的统一

个人能力的形成一般表现为两个对向性运动的过程 :一个是个人通过受教将各种知识内化 ;另一个是个人通过实践将所掌握的知识外化。这两个运动是紧密联系、互为影响的 ,在能力的形成过程中处于同等重要的地位。函授教学因在培养目标、招生对象、教学内容等方面具有明显有利的条件 ,事实上为函授教学中把上述两个对向性运动统一起来提供了可能。如何才能较好地将两个对向性运动统一起来呢 ?笔者认为 ,首先要确立新的教学观念 ,其次要改进教学方法 ,再次要开发知识的应用价值。

Influence of symmetric and asymmetric rolling on texture evolution of work-hardened AA 5xxx aluminium alloy

The textures and microstructures of hot-and cold-rolled sheets of an AA 5454 aluminium alloy were studied,with special attention paid to comparing the texture development for the symmetric and asymmetric cold rolling.Scanning electron microscopy with electron-backscatter diffraction was used to monitor the development of the microstructure in the differently deformed and additionally annealed samples.Details of the formations and transformations of individual texture components occurring during the rolling processes were observed and discussed.The average grain sizes,textures and mechanical properties were correlated and explained for the symmetric and asymmetric cold-rolled samples.The asymmetric rolling is beneficial in terms of deep drawability because it reduces the planar anisotropy of the annealed material due to the decrease of the Cube,Goss,rotated-Cube and η-fibre texture components and at the same time strengthens X1-and X2-fibre texture components which are shear texture components and improve deep drawability.During the asymmetric cold rolling,the temperature increases due to friction,triggering recrystallisation processes and leading to larger grains.It is also confirmed that asymmetric cold rolling uses less rolling force and consequently less energy to produce a final material with better formability,particularly earing.

聚众斗殴罪若干争议问题探析

聚众斗殴罪脱胎于1979年刑法,但是,围绕聚众斗殴罪的争论并没有因为1997年刑法的规定而尘埃落定,聚众斗殴罪已经成为目前理论界关注较少,而司法实践中又较为常见且处理方式迥异的一种犯罪。聚众斗殴罪不应以流氓动机为犯罪成立条件,其构造具有聚众性和对向性双重特征,与共同故意伤害犯罪具有明显的区别,司法实践中处理聚众斗殴罪的转化犯时,必须把握聚众斗殴罪的构造特征,针对不同的情况具体分析。

斗殴行为及其特征

斗殴行为历来是刑罚打击的重点。斗殴行为的本质属性是暴力性,其侵犯的刑法法益包括社会公共秩序和他人的健康权,但不包括生命权。对向性是斗殴行为的外在特征,表现为互相攻击的殴打行为,但不应扩展到主观内容方面。非法性是斗殴行为的主观特征,即明知自己的行为会侵害公共秩序和他人的健康权,但为了和对方争夺非法利益而放任这一结果的发生,这是刑事责任的根据。

Study of Object Oriented Petri Net and Its Application in Flexible Manufacturing Cells

This paper presents an object oriented Petri net (OOPN) schema to model the dynamic behaviors of a flexible manufacturing cells (FMCs). The OOPN paradigm incorporates the characteristics of a Petri net and OOP. It increases the maintainability and reusability of objects in Petri net modeling, thus it has more powerful modeling and analysis abilities.

Support vector machine for prediction of siRNA silencing efficacy

In order to assist the design of short interfering ribonucleic acids （siRNA）, 573 non-redundant siRNAs were collected from published literatures and the relationship between siRNAs sequences and RNA interference （RNAi） effect is analyzed by a support vector machine （SVM） based algorithm relied on a basebase correlation （BBC） feature. The results show that the proposed algorithm has the highest area under curve （AUC） value （0. 73） of the receive operating characteristic （ROC） curve and the greatest r value （0. 43） of the Pearson＇s correlation coefficient. This indicates that the proposed algorithm is better than the published algorithms on the collected datasets and that more attention should be paid to the base-base correlation information in future siRNA design.

A Study on the Multi-Compartment Linear Circulation Pharmacokinetic Model for the Targeting Drug Delivery System

By analyzing the observed phenomena and the data collected in the study, a multi-compartment linear circulation model for targeting drug delivery system was developed and the function formulas of the drug concentration-time in blood and target organ by computing were figured out. The drug concentration-time curve for target organ can be plotted with reference to the data of drug concentration in blood according to the model. The pharmacokinetic parameters of the drug in target organ could also be obtained. The practicability of the model was further checked by the curves of drug concentration-time in blood and target organ(liver) of liver-targeting nanoparticles in animal tests. Based on the liver drug concentration-time curves calculated by the function formula of the drug in target organ, the pharmacokinetic behavior of the drug in target organ(liver) was analyzed by statistical moment, and its pharmacokinetic parameters in liver were obtained. It is suggested that the (relative targeting index( can be used for quantitative evaluation of the targeting drug delivery systems.

A Model for Mechanical Property Evaluation of the Periodic Porous Low-k Materials by SAW

The influence of the distribution of nano-pores on the mechanical properties evaluation of porous low-k films by surface acoustic waves （SAW） is studied. A theoretical SAW propagation model is set up to characterize the periodic porous dielectrics by transversely isotropic symmetry. The theoretical deductions of SAW propagating in the low-k film/Si substrate layered structure are given in detail. The dispersive characteristics of SAW in differ- ent propagation directions and the effects of the Young＇s moduli E, E′ and shear modulus G′ of the films on these dispersive curves are found. Computational results show that E′ and G′ cannot be measured along the propagation direction that is perpendicular to the nano-pores＇ direction.

A practical iterative two-view metric reconstruction with uncalibrated cameras

This paper presents a practical iterative algorithm for two-view metric reconstruction without any prior knowledge about the scene and motion in a nonsingular geometry configuration. The principal point is assumed to locate at the image center with zero skew and the same aspect ratio, and the interior parameters are fixed, so the self-calibration becomes focal-length cali- bration. Existing focal length calibration methods are direct solutions of a quadric composed of fundamental matrix, which are sensitive to noise. A quaternion-based linear iterative Least-Square Method is proposed in this paper, and one-dimensional searching for optimal focal length in a constrained region instead of solving optimization problems with inequality constraints is applied to simplify the computation complexity, then unique rotational matrix and translate vector are recovered. Experiments with simulation data and real images are given to verify the algorithm.

Contrast enhancement in retinal image via multi-scale geometrical analysis

We present a new multi-scale geometrical analysis method for ophthalmic image contrast enhancement based on the contourlet transform. The contourlet transform has better performance in representing edges than wavelets due to its anisotropy and directionality,and is therefore well-suited for multiscale edge enhancement. We modify the contourlet coefficients in corresponding subband and take the noise into account for mere precise reconstruction and better visualization. We compare this approach with enhancement based on the ourvelet transform,and the traditional Histogram Stretching （HS）. Our findings are that contourlet based enhancement out-performs other enhancement methods on low contrast and dynamic range images,and can clearly identify the vessels and nerves in an ophthalmic image.

Analysis of Synonymous Codon Usage in Aeropyrum pernix K1 and Other Crenarchaeota Microorganisms

In this study, a comparative analysis of the codon usage bias was performed in Aeropyrum pernix K1 and two other phylogenetically related Crenarchaeota microorganisms （i.e., Pyrobaculum aerophilum str. IM2 and Sulfolobus acidocaldarius DSM 639）. The results indicated that the synonymous codon usage in A. pernix K1 was less biased, which was highly correlated with the GC3s value. The codon usage patterns were phylogenetically conserved among these Crenarchaeota microorganisms. Comparatively, it is the species function rather than the gene function that determines their gene codon usage patterns. A. pernix K1, P. aerophilum str. IM2, and S. acidocaldarius DSM 639 live in differently extreme conditions. It is presumed that the hving environment played an important role in determining the codon usage pattern of these microorganisms. Besides, there was no strain-specific codon usage among these microorganisms. The extent of codon bias in A. pernix K1 and S. acidocaldarius DSM 639 were highly correlated with the gene expression level, but no such association was detected in P. aerophilum str. IM2 genomes.

Generalized Lutzky Conserved Quantities of Holonomic Systems with Remainder Coordinates Subjected to Unilateral Constraints

This paper focuses on studying the relation between a velocity-dependent symmetry and a generalized Lutzky conserved quantity for a holonomic system with remainder coordinates subjected to unilateral constraints. The differential equations of motion of the system are established, and the definition of Lie symmetry for the system is given. The conditions under which a Lie symmetry can directly lead up to a generalized Lutzky conserved quantity and the form of the new conserved quantity are obtained, and an example is given to illustrate the application of the results.

Study on Lateral Aerodynamic Characteristics of Hypersonic Lifting-Configuration

To have a deep understanding of the lateral stability of hypersonic lifting-configurations, wind-tunnel tests of roll static and dynamic stability for typical hypersonic lifting-configurations are carried out. The results show the roll is static unstable in small angles; the roll dynamic test curves present obvious non-linearity characteristics, and the model vibrates violently even When the angle of attack is small, which may be provoked by the non-symmetry transition from the small transverse flow around the nose of model. Subsequent research adopts longitudinal trips to generate symmetry transition at the fore-body of the model. As a result, the lateral stability of the aircrafts is apparently improved. The results show that the lateral stability of hypersonic aircrafts is very weak, and the main reason for this is lateral perturbation of flow over the nose, among which asymmetric transition weighs the most. Adoption of longitudinal trips could spur fixed transition of lateral flow, reduce the transition asymmetry of lateral flow, and strengthen the lateral stability of hypersonic aircrafts at the same time.

An iris recognition method based on multi-orientation features and Non-symmetrical SVM

A new iris feature extraction approach using both spatial and frequency domain is presented. Steerable pyramid is adopted to get the orientation information on iris images. The feature sequence is extracted on each sub-image and used to train Support Vector Machine (SVM) as iris classifiers. SVM has drawn great interest recently as one of the best classifiers in machine learning, although there is a problem in the use of traditional SVM for iris recognition. It cannot treat False Accept and False Reject differently with different security requirements. Therefore, a new kind of SVM called Non-symmetrical SVM is presented to classify the iris features. Experimental data shows that Non-symmetrical SVM can satisfy various security requirements in iris recognition applications. Feature sequence combined with spatial and frequency domain represents the variation details of the iris patterns properly. The results in this study demonstrate the potential of our new approach, and show that it performs more satis- factorily when compared to former algorithms.

Distinct patterns of monthly Southern Annular Mode events

The Southern Annular Mode(SAM)is the leading mode of atmospheric variability in the mid–high latitudes of the Southern Hemisphere,representing large-scale variations in pressure and the polar front jet(PFJ).In SAM events,the combination of the SAM and other modes may result in different atmospheric patterns.In this study,a neural-network-based cluster technique,the self-organizing map,was applied to extract the distinct patterns of SAM events on the monthly time scale based on geopotential height anomalies at 500 hPa.Four pairs of distinguishable patterns of positive and negative SAM events were identified,representing the diversity in spatial distribution,especially the zonal symmetry of the center of action at high latitudes—that is,symmetric patterns,split-center patterns,West Antarctica patterns,and a tripole pattern.Although the SAM is well known to be beltshaped,within the selected SAM events,the occurrence frequency of symmetric patterns is only 23.8%—less than that of West Antarctica patterns.Diverse PFJ variations were found in the symmetric and asymmetric patterns of SAM events.The more asymmetric the spatial distribution of the pressure anomaly,the more localized the adjusted zonal wind anomaly.The adjusted PFJ varied in meridional displacement and strength in different patterns of SAM events.In addition,the entrance and exit of the jet changed in most of the patterns,especially in the asymmetric patterns,which might result in different climate impacts of the SAM.

Binding energy of donors in symmetric triangular quantum wells

Hydrogen-like donor impurity states in symmetric triangular quantum wells are investigated by using a variational method.Both the effects of the variable effective mass of electrons and the spatially dependent dielectric constant are considered in the calculation.The numerical results show that the binding energy depends on not only the effective mass and dielectric constant but also the spatial distribution of electron probability density.The binding energies of donor states get the maximums at the well-center.The results are also compared with those obtained in parabolic and square wells.It is seen that the triangular well support the highest binding energies for donor states.

Soliton Solutions and Bilinear Bcklund Transformation for Generalized Nonlinear Schrdinger Equation with Radial Symmetry

Investigated in this paper is the generalized nonlinear Schrodinger equation with radial symmetry. With the help of symbolic computation, the one-, two-, and N-soliton solutions are obtained through the bilinear method. B^cklund transformation in the bilinear form is presented, through which a new solution is constructed. Graphically, we have found that the solitons are symmetric about x = O, while the soliton pulse width and amplitude will change along with the distance and time during the propagation.

SQoE KQIs Anomaly Detection in Cellular Networks: Fast Online Detection Framework with Hourglass Clustering

The explosive growth of data volume in mobile networks makes fast online diagnose a pressing search problem. In this paper, an object-oriented detection framework with a two-step clustering, named as Hourglass Clustering, is given. Where three object parameters are chosen as Synthetical Quality of Experience（SQo E） Key Quality Indicators（KQIs） to reflect accessibility, integrality, and maintainability of networks. Then, we choose represented Key Performance Indicators（r KPIs） as cause parameters with correlation analysis. For these two kinds of parameters, a hybrid algorithm combining the self-organizing map（SOM） and