风险泛在语境下间接危险犯的扩张逻辑与教义限缩——以信息散布型网络犯罪为视角

因应信息网络空间风险泛在化趋势,风险社会理论及其映射的早期预防、前置处罚的风险治理思维不断向刑法渗透,形成一套以风险控制为核心,以风险预防代替自由保障、以风险分配代替结果归责的风险刑法体系,导致以发生在预备时段的危险作为处罚对象的间接危险犯大幅扩张,信息散布型网络犯罪是其典型应用场域。间接危险犯消解了法益的立法批判与解释规制机能,潜藏着恣意发动刑罚权的危机,造成法益保护抽象化与处罚范围扩大化,体现出鲜明的预防刑法立场与功能主义处罚倾向。辩证反思风险治理思维将社会风险与刑法危险混同的缺陷,应采取综合考虑预备行为本身的危险性和所预设的实行行为的危险性的“双重法益侵害危险说”修正间接危险犯的认定原理与适用标准,从规范升级、法益威胁、主观认知三个维度创设社会风险转化为刑法危险的进阶路径,从而确定将某一预备行为提升为实行行为作为间接危险犯予以处罚的边界,坚守刑法保障公民权利自由与维护网络安全秩序之平衡的价值取向。

“无遗漏指称”是特指的内在含义吗?

引言 “特指”的含义究竟是什么?比如说,the man与a man的语义(语用)差别何在?探讨这一问题的文献不少。需要说明的是,绝大多数语言学家都会同意以下这一笼统的观点:使用定冠词表明说话人认为听话人有办法知道所指是什么——或从名词木身判断,或根据上文,情景或常识推而知之。语言学家只是在此基础之上对特指作进一步精确定义时意见才会出现分歧。

Spatio-temporal Variations of Evapotranspiration in Anhui Province Based on MOD16 Products

Based on the MOD16 remote sensing product provided by NASA, the temporal and spatial distribution characteristics of evapotranspiration in Anhui Province from 2000 to 2014 were analyzed statistically with the support of ENVI remote sensing image processing system and ARCGIS .geographic information system. The results showed that： （1） The annual average ET in Anhui Province was 694.9 mm from 2000 to 2014, less than half of PET, indicating that Anhui Province as a whole was in dry climate and water shortage, particularly significant in 2011-2014, with the maximum value of 730.6 mm occurring in 2003, and the minimum value of 647.6 mm occurring in 2011. The monthly average ET and PET showed a single peak distribution pattern, ET peak appearing in August, and PET peak appearing in May. （2） Linear regression analysis of ET and PET showed that there was a signif- icant decrease trend in ET in Anhui Province from October to March of the following year, and in addition, there was also a decreasing trend in the summer from June to July, but PET for the whole year demonstrated an increasing trend. The change trends of both illustrated that drought in Anhui Province was becoming more and more serious. （3） The spatial distribution of ET and PET showed that Anhui Province had obvious characteristics of high in south and low in north, and the north had large yearly and monthly changes, while the south had relatively stable changes. （4） The evapotranspiration of different land use types showed different an- nual and monthly variation characteristics, and the overall expression of annual evapotranspiration was in the order of forest 〉 grassland 〉 farmland. In terms of the monthly change, monthly evapotranspiration was manifested as winter grassland larger than the forest, forest evapotranspiration gradually exceeding the grass, and the evapotranspiration gap among the three widening continuously until the peak appearing in July or August. Due to the seasonality of crop plantation and under the common action of temperature, precipitation and other sensitive factors, the monthly evapotranspiration of forest and grassland was of single peak distribution with the maximum appearing in July, and the monthly evapotranspiration of farmland showed double peak distribution, appearing respectively in May and August, the former being weaker than the latter in strength

The Resident Time Distribution of Injected Dispersed Drops in Stirred Extraction Columns

A resident time model is proposed to evaluate the performance of agitated extraction columns. In this model, the resident time of dispersed drops is simulated with the discrete phase modeling, where the continuous phase and the dispersed phase （drops） are described by the single-phase Navier-Stokes （turbulence） model and Lagrangian model, respectively. The interaction of dispersed phase and continuous phase is neglected for the low concentration of drop in the cases studied. The statistical parameters of drops （the average resident time and standard deviation） under different operation conditions are computed for four columns. The relation of the above statistical parameters with the performance of columns is discussed and the criterions for an optimal compartment are outlined. Our results indicate that the resident time model is useful to evaluate the performance and optimize the design of extraction columns.

Theoretical design and distribution control of precipitates and solute elements in Al−Zn−Mg−Cu alloys with heterostructure

In order to simultaneously improve strength and formability,an analytical model for the concentration distribution of precipitates and solute elements is established and used to theoretically design and control the heterogeneous microstructure of Al−Zn−Mg−Cu alloys.The results show that the dissolution of precipitates is mainly affected by particle size and heat treatment temperature,the heterogeneous distribution level of solute elements diffused in the alloy matrix mainly depends on the grain size,while the heat treatment temperature only has an obvious effect on the concentration distribution in the larger grains,and the experimental results of Al−Zn−Mg−Cu alloy are in good agreement with the theoretical model predictions of precipitates and solute element concentration distribution.Controlling the concentration distribution of precipitates and solute elements in Al−Zn−Mg−Cu alloys is the premise of accurately constructing heterogeneous microstructure in micro-domains,which can be used to significantly improve the formability of Al−Zn−Mg−Cu alloys with a heterostructure.

Debris Flow Formation Process and Critical Hydrodynamic Conditions in the Meizoseismal Area of the Wenchuan Earthquake

Abstract： The Wenchuan earthquake generated strong surface disturbances and triggered a large number of loose deposits, resulting in the disaster- prone environment with special watershed hydrological characteristics. This paper was to propose a debris flow formation process and explore the permeability characteristics and critical hydrodynamic conditions of the loose deposits triggered by the earthquake. The Guo Juanyan gully （31005＇27＂ N to 31005＇46＂ N, 103036＇58＂ E to 103037＇09＂ E） in Du Jiangyan City, located in the meizoseismal areas of the Wenchuan earthquake, was chosen as the study area and the disaster-prone environment was analyzed. The formation process of the debris flow was first proposed using a stability analysis, and then, the permeability characteristics of loose deposits were determined via in situ permeability experiments. Finally, the critical 1 h rainfall was simulated through a distributed hydrological model and verified by field observations. The formation process of debris flow could be divided into three stages based on the relationship between the hydrodynamic force and loose deposit resistance. The critical 1 h rainfall amounts under three antecedent moisture conditions （I-dry, Ⅱ-normal and Ⅲ-wet） were 52 mm/h, 43 mm/h and 34 mm/h, respectively. This study proposed a debris flow formation process in the meizoseismal areas of the Wenchuan earthquake based on the stability analysis and defined the rainfall threshold for debris flow early warning at the local level, which is significant for debris flow mitigation and risk management.

A Population Balance Model for Disperse Systems:Particle Size Distribution in Suspension Polymerization

On the basis of population balance a mathematical model is developed to describe the formation of polymer particle in styrene suspension polymerization. The characteristics of coalescence and breakage of droplets and the gel effect are analyzed in particular. Parameters of the models are estimated by experimental data on reaction conversion and particle size distribution. The results show that the model is suitable for predicting polymerization processes.

Discretization Approach in Integrated Hydrologic Model for Surface and Groundwater Interaction

The commonly used discretization approaches for distributed hydrological models can be broadly categorized into four types,based on the nature of the discrete components:Regular Mesh,Triangular Irregular Networks(TINs),Representative Elementary Watershed(REWs) and Hydrologic Response Units(HRUs).In this paper,a new discretization approach for landforms that have similar hydrologic properties is developed and discussed here for the Integrated Hydrologic Model(IHM),a combining simulation of surface and groundwater processes,accounting for the interaction between the systems.The approach used in the IHM is to disaggregate basin parameters into discrete landforms that have similar hydrologic properties.These landforms may be impervious areas,related areas,areas with high or low clay or organic fractions,areas with significantly different depths-to-water-table,and areas with different types of land cover or different land uses.Incorporating discrete landforms within basins allows significant distributed parameter analysis,but requires an efficient computational structure.The IHM integration represents a new approach interpreting fluxes across the model interface and storages near the interface for transfer to the appropriate model component,accounting for the disparate discretization while rigidly maintaining mass conservation.The discretization approaches employed in IHM will provide some ideas and insights which are helpful to those researchers who have been working on the integrated models for surface-groundwater interaction.

Dating of sediment-hosted disseminated-type gold deposit by using ^40Ar/^39Ar laser probe:A case study of Changkeng large-scale gold deposit,China

Hydrothermal clay minerals that formed in the main metallogenic stage of the Changkeng disseminated-type gold deposit in central Guangdong were analyzed by the 40Ar/39Ar laser probe. The results give Ar-Ar isochron ages of 109.9 1.4 to 110.1 1.3 Ma, which are 30 to 50 Ma older than the age of silver ore bodies in the deposit. Both gold and silver mineralizations were not related to hidden granite batholith in the mining district, but probably related to evo-lution of sedimentary basins. This study shows that the 40Ar/39Ar laser probe is a sound dating tool applicable to sediment-hosted disseminated-type gold deposit.

Light absorption distribution of prostate tissue irradiated by diffusing light source

Determination of light absorption distribution in the prostate tissue irradiated by diffusing light source is important for the treatment planning.In this paper,a three-dimensional(3D)optical model of human prostate is developed,and the light absorption distribution in the prostate tissue is estimated by Monte Carlo simulation method.Light distribution patterns including 3D distributions in the tissue model irradiated by two diffusing light sources are obtained and compared.Also,the impacts of length and energy of cylinder diffusing light source on the irradiance volume are demonstrated.Those results will be significant for the nondestructive qualitative assessments of photodosimetry in biomedical phototherapy.

Sparse approximate solution of fitting surface to scattered points by MLASSO model

The goal of this paper is to achieve a computational model and corresponding efficient algorithm for obtaining a sparse representation of the fitting surface to the given scattered data. The basic idea of the model is to utilize the principal shift invariant(PSI) space and the l_1 norm minimization. In order to obtain different sparsity of the approximation solution, the problem is represented as a multilevel LASSO(MLASSO)model with different regularization parameters. The MLASSO model can be solved efficiently by the alternating direction method of multipliers. Numerical experiments indicate that compared to the AGLASSO model and the basic MBA algorithm, the MLASSO model can provide an acceptable compromise between the minimization of the data mismatch term and the sparsity of the solution. Moreover, the solution by the MLASSO model can reflect the regions of the underlying surface where high gradients occur.

An InSAR scattering model for multi-layer snow based on QuasiCrystalline Approximation(QCA) theory

Snow-cover parameters are important indicator factors for hydrological models and climate change studies and have typical vertical stratification characteristics. Remote sensing can be used for large-scale monitoring of snow parameters. In SAR(Interferometric Synthetic Aperture Radar) technology has advantages in detecting the vertical structure of snow cover. As a basis of snow vertical structure detection using In SAR, a scattering model can reveal the physical process of interaction between electromagnetic waves and snow. In recent years, the In SAR scattering model for single-layer snow has been fully studied;however, it cannot be applied to the case of multi-layer snow. To solve this problem, a multi-layer snow scattering mode is proposed in this paper, which applies the QCA(Quad-Crystal Approximation) theory to describe the coherent scattering characteristics of snow and introduces a stratification factor to describe the influence of snow stratification on the crosscorrelation of SAR echoes. Based on the proposed model, we simulate an In SAR volumetric correlation of different types of multi-layer snow at the X band(9.6 GHz). The results show that this model is suitable for multi-layer snow, and the sequence of sub-layers of snow has a significant influence on the volumetric correlation. Compared to the single layer model, the multi-layer model can predict a polarization difference in the volumetric correlation more accurately and thus has a wider scope of application. To make the model more available for snow parameter inversion, a simplified multi-layer model was also developed.The model did not have polarization information compared to that of the full model but showed good consistency with the full model. The phase of the co-polarization In SAR volumetric correlation difference is more sensitive to snow parameters than that of the phase difference of the co-polarization In SAR volumetric correlation and more conducive to the development of a parameter-inversion algorithm. The model can be applied to deepen our understanding of In SAR scattering mechanisms and to develop a snow parameter inversion algorithm.

Folding Model Analysis of Elastic Scattering of 11B from Light,Medium,and Heavy Nuclei

The elastic scattering angular distributions of z113 projectile on light, medium, and heavy target nuclei including 7Li, 9Be, 12C, 16O, 24,25,26Mg, 27Al, 28Si, 40Ca, 58Ni, 59Co, 60Ni, 197Au, 208Pb, and 209Bi have been analyzed at various incident energies. The theoretical results have been obtained by using two different nuclear potentials within the framework of the optical model （OM）. Firstly, the double folding potential for real part and the Wood-Saxon （WS） potential for imaginary part have been applied. Secondly, the calculations with double folding potential for both real and imaginary part have been performed and compared with the experimental data. It has been seen that the results are in very good agreement with the experimental data. Also, the volume integrals and cross-sections for each reaction have been obtained. Finally, a new and simple formula for the imaginary potential depth has been derived to clarify the nuclear interactions of 11B nucleus at low energy reactions.

Cluster model calculation of N near K-edge energy-loss fine structures in hexagonal GaN crystal

A cluster model is used to calculate electron energy-loss fine structures in crystal. The multiple-scattering self-consistent-field method is employed in the calculation. Our theoretical results of N near K-edge energy loss fine structures in hexagonal GaN crystal are in good agreement with the experimental spectra. Future possible experiments in energy-filtered transmission electron microscopy (EFTEM) are discussed and proposed because our theoretical work can provide clear assignments for transmitted electrons with different energy losses.

Reanalysis of Elastic Scattering of ~6Li + ^(209)Bi Reaction Using a New DensityDistribution of ~6Li Nucleus

In the present paper, the elastic scattering of6 Li + 209 Bi system is reanalyzed by using the double folding model (DFM) at energies near the Coulomb barrier (ELab=29.9 and 32.8 MeV). With this goal, a new density distribution of6 Li nucleus, the no-core full configuration (NCFC) density distribution (DD), is used to obtain the real potentials in DFM calculations. The NCFC DD results are compared with the results of both gaussian shape (GS) DD and an earlier study as well as the experimental data. This comparison provides information about the similarities and differences of the models used in calculations.

Dispersive Order of Lifetimes of Series Systems in Multiple-Outlier Weibull Models

This paper considers the multiple-outlier Weibull model, and derives some sui-ficlent conal- tions for the comparison of lifetimes of series systems with respect to dispersive order. In these models, order statistic is closed under minima, so convex transform, star and Lorenz orders are not investigated because they are scale variant. The results established here strengthen some of the results presented by Fang and Tang （2014）.