“无行为则无犯罪”——从贵州毕节5男孩死亡案看刑法上的不作为

犯罪是人的行为,没有行为就没有犯罪,对于行为应该从刑法意义上理解,是行为人身体的动和静,是行为人在意志相对自由的情形下选择的结果,行为包括积极的作为即作了法律禁止做的事和消极的不作为即法律要求作的却没有作。在社会生活中人们往往只看到作了法律禁止的作为形式的犯罪行为如抢劫等,而对法律要求有义务作却没有作如父母没有履行抚养子女的职责等往往忽视。有关不作为是行为的论述存在比较大的争议,不作为是具有严重社会危害性的犯罪行为,是应该受到惩罚的。贵州毕节五名男孩死在垃圾箱中,就是相关职能部门及死者的父母没有履行法律规定的义务所导致的悲剧。

婚姻关系、亲子关系对3～6岁幼儿心理行为问题的影响

采用CBCL量表、自编的婚姻关系和亲子关系问卷调查了6所城市幼儿园的457名3～6岁幼儿,结果发现:(1)本研究中3～6岁幼儿心理行为问题的检出率为15.10％;(2)3～6岁幼儿的心理行为问题主要表现为交往不良、攻击性等外部行为问题;(3)没有心理行为问题的幼儿家庭其婚姻关系在性格相容、问题解决和性生活方面显著优于有心理行为问题的幼儿家庭,但在经济条件方面则相反;(4)婚姻关系和亲子关系则呈显著的正相关,并共同影响幼儿的心理行为问题。

羊栖菜不同溶剂提取物抗抑郁活性研究

探讨了褐藻羊栖菜4种不同溶剂萃取层的抗抑郁药理活性。采用水煎浸提及超声波辅助提取,制备羊栖菜石油醚、乙酸乙酯、正丁醇和水层提取物。采用常用的抑郁模型"强迫游泳实验"和"悬尾实验",以小鼠强迫游泳和悬尾不动时间作为指标,对4种不同溶剂提取层进行抗抑郁活性研究。实验结果显示,与空白组相比,石油醚、乙酸乙酯和水层均能降低小鼠强迫游泳和小鼠悬尾的不动时间,具有相对的显著性差异。羊栖菜石油醚、乙酸乙酯和水提取物具有抗小鼠实验性抑郁作用。

THE STUDY OF EARLY DEVELOPMENT AND EVOLUTION OF Torrentophryne aspinia

Torrentophryne aspinia is a new kind of toads discovered in China recently, it lives in the forest floor in West Yunnan, the most important things for this kind of species is that they have a kind of torrent-adapted tadpoles which have abdominal suckers and can adhere to the surfaces of rocks in moving waters. In this article, we described the forming procedures of abdominal sucker and some breeding behaviors, habitats and habits. After comparing with those of other toads, it is confirmed that Torrentophryne should be a new valid genus, it is derived from ancestor toads because of adaptation to the torrent habitats, by the forming of torrent -adapted organ-abdominal sucker in the early development.

论自动驾驶汽车交通犯罪的刑法规制

自动驾驶汽车的推广和发展,伴随着人工智能驾驶系统的嵌入,给传统交通犯罪的认定带来了极大挑战。高度自动驾驶并无驾驶员,对于自然人追究刑事责任有违“无行为无犯罪”原则。人工智能驾驶系统处于弱人工智能阶段应当围绕广义生产者构建刑事责任体系;人工智能驾驶系统步入强人工智能阶段应当认可其刑事责任主体资格,以应对人工智能时代给传统刑法带来的挑战。

New application notion of pipeline transport——integrated in industry solid waste innocuous and efficient disposition

In order to solve transport problems of industry solid,firstly,a new applicationnotion of pipeline transport was presented,that is to say,combining pretreatment andtransport with disposal techniques of industry solid waste.Secondly,the integrated dis-posal and transport system for industry solid waste was introduced,in particular,the oper-ating principles,equipment set-up,key technology and technical parameters.Next,thispaper illustrated the application of this integrated system.Such as it can transport coalsludge with sufficiently high solids content(about 72%～77%)and high apparent viscosity(about 1 000～3 000 Pa.s)directly by pipeline having no use for water and addition agent.Generally,the transport distance is about 1 000 m.This system has been successfullyused in innocuous disposition and efficient utilization of other industrial byproducts or solidwastes,such as city sludge and paper making waste.The integrated system causes nopollution to the environment for its complete seal and realizes protecting the environment,conserving the energy,promoting the development of cycling economic.Finally,the paperdiscussed the research works that were needed for studying such pipeline transport sys-tem and narrates the relevant condition and application status.

Modeling for Ethernet passive optical network receiver

A behavior model for the receiver of the Ethernet passive optical network（EPON） is presented. The model consists of a fiber, a photodetector, a transimpedance amplifier （TIA） followed by a limiting amplifier and a clock and data recovery＇ circuit （CDR）. Each sub-model is constructed based on the architecture of a circuit. The noise and jitter in each block such as shot noise, thermal noise, deterministic and random jitter are also considered. The performance of the whole receiver can be evaluated by the simulation of the behavior model, which is faster than the ordinary circuit model and more accurate than the analytical model. The whole model is implemented with C ＋＋ and simulated in Microsoft Visual C ＋＋ 6. 0. Using the Monte Carlo method, the EPON receiver is simulated. The simulation results show a good agreement with experimental ones.

High temperature plastic deformation behavior of non-oriented electrical steel

High temperature plastic deformation behavior of non-orientated electrical steel was investigated by Gleeble 1500 thermo-mechanical simulator at strain rate of 0.01-10 s^-1 and high temperature of 500-1 200 ℃. The stress level factor （a）, stress exponent （n）, structural factor （A） and activation energy （Q） of high temperature plastic deformation process of non-orientated electrical steel in different temperature ranges were calculated by the Arrhenius model. The results show that, with dynamic elevation of deformation temperature, phase transformation from α-Fe to γ-Fe takes place simultaneously during plastic deformation, dynamic recovery and dynamic recrystallization process, leading to an irregular change of the steady flow stress. For high temperature plastic deformation between 500 and 800 ℃, the calculated values of a, n, A, and Q are 0.039 0 MPa 1, 7.93, 1.9× 10^18 s^-1, and 334.8 kJ/mol, respectively, and for high temperature plastic deformation between 1 050 and 1 200 ℃, the calculated values of a, n, A, and Q are 0.125 8 MPa1, 5.29, 1.0 × 10^28 s^-1, and 769.9 kJ/mol, respectively.

Roadbed behavior subjected to tilting-train loading at rail joint and continuous welded rail

The tilting-train is very attractive to the railroad users in the world due to the advantage of high speed in curved track using pre-existing infrastructure of railway.Tilting-train has a unique allowable speed and mechanism especially in curved track.In this work,when tilting-train is operated with the allowable speed,the behavior of roadbed is evaluated by examining its settlement and bearing capacity.Additionally,the stability of roadbed is estimated as the roadbed is in the condition of soft soil influenced by the weather effects and cyclic train loading.Numerical results show that the roadbed settlement satisfies the allowable settlement when the elastic moduli of upper roadbed and in-situ soil are greater than 3800 and 4600 kN/m2 for rail joint and 2300 and 3300 kN/m2 for continuous welded rail(CWR).

Adaptive distributed formation maintenance for multiple UAVs:Exploiting proximity behavior observations

The formation maintenance of multiple unmanned aerial vehicles(UAVs)based on proximity behavior is explored in this study.Individual decision-making is conducted according to the expected UAV formation structure and the position,velocity,and attitude information of other UAVs in the azimuth area.This resolves problems wherein nodes are necessarily strongly connected and communication is strictly consistent under the traditional distributed formation control method.An adaptive distributed formation flight strategy is established for multiple UAVs by exploiting proximity behavior observations,which remedies the poor flexibility in distributed formation.This technique ensures consistent position and attitude among UAVs.In the proposed method,the azimuth area relative to the UAV itself is established to capture the state information of proximal UAVs.The dependency degree factor is introduced to state update equation based on proximity behavior.Finally,the formation position,speed,and attitude errors are used to form an adaptive dynamic adjustment strategy.Simulations are conducted to demonstrate the effectiveness and robustness of the theoretical results,thus validating the effectiveness of the proposed method.

Influence of specimen uniformity on mechanical behaviour of unsaturated soil

Pressure plate instrument is employed during drying, and unconfined compressive strength test is performed on the unsaturated specimen. Curves of shear force versus shear displacement, and curves of saturation degree versus time are investigated. The results show that the specimens with similar curves of saturation degree versus time have nearly identical mechanical behavior. In particular, the uniform specimens should be chosen within the lower equilibrium saturation degree because steady test results are presented. Further, the conclusion is verified by the repeated test. Thus, the method for distinguishing the uniform unsaturated specimen is obtained. In the light of the method, an improved test process is proposed. The uniform specimens should be chosen by this method under the specific matric suction, and then shear tests are carried out on the chosen unsaturated specimen. Namely, initial value of unsaturated soil is not zero matric suction but a specific suction.

Study on Volterra-Laguerre behavioral model for RF power amplifier

Voherra series behavioral model for radio frequency （RF） power amplifier （PA） has been widely used in system-level simulation, however, high computational complexity makes this kind of model limited to ＂weak＂ nonlinearity. In order to reduce the computational complexity and the number of coefficients of Volterra series kernels, a Volterra series improved behavioral model based on Laguerre orthogonal polynomials function, namely Voherra-Laguerre behavioral model, is proposed. Mathematical expressions of Volterra-Laguerre behavioral model is derived, and accuracy of the model is verified through comparison of measured and simulation output data from a freescale PA using MRF21030 transistor. Mathematical analysis and simulation results show that Voherra-Laguerre behavioral model has a simple structure, much less coefficients and better modeling performance than general Volterra series model. The model can be used more correctly for system-level simulation of RF PA with wideband signal.

Optimal Transmission Behaviour Policies of Secondary Users in Proactive-Optimization Cognitive Radio Networks

In Cognitive Radio(CR)networks,there is a common assumption that secondary devices always obey commands and are under full control.However,this assumption may become unrealistic for future CR networks with more intelligent,sophisticated and autonomous devices.Imperfect spectrum sensing and illegal behaviour of secondary users can result in harmful interference to primary users.In this paper,we propose a novel concept of Proactive-Optimization CR(POCR)networks,in which highly intelligent secondary users always try to proactively consider potentially harmful interference when making their behaviour decision.Furthermore,we propose an optimal transmission behaviour decision scheme for secondary users in POCR networks considering the possible harmful interference and penalties from primary users.Specifically,we formulate the system as a Partially-Observable Markov Decision Process(POMDP)problem.With this formulation,a low-complexity dynamic programming framework is presented to obtain the optimal behaviour policy.Extensive simulation results are presented to illustrate the significant performance improvement of the proposed scheme compared with the existing one that ignores the proactive-optimization of secondary users.

Approach to Anomaly Traffic Detection in a Local Network

The research intends to solve the problem of the occupation of bandwidth of local network by abnormal traffic which affects normal user's network behaviors.Firstly,a new algorithm in this paper named danger-theory-based abnormal traffic detection was presented.Then an advanced ID3 algorithm was presented to classify the abnormal traffic.Finally a new model of anomaly traffic detection was built upon the two algorithms above and the detection results were integrated with firewall.The firewall limits the bandwidth based on different types of abnormal traffic.Experiments show the outstanding performance of the proposed approach in real-time property,high detection rate,and unsupervised learning.

Detection of Selfish Behavior in Wireless Ad Hoc Networks Based on CUSUM Algorithm

The cumulative sum （CUSUM） algorithm is proposed to detect the selfish behavior of a node in a wireless ad hoc network. By tracing the statistics characteristic of the backoff time between successful transmissions, a wireless node can distinguish if there is a selfish behavior in the wireless network. The detection efficiency is validated using a Qualnet simulator. An IEEE 802.11 wireless ad hoc network with 20 senders and 20 receivers spreading out randomly in a given area is evaluated. The well-behaved senders use minimum contention window size of 32 and maximum con- tention window size of I 024, and the selfish nodes are assumed not to use the binary exponential strategy for which the contention window sizes are both fixed as 16. The transmission radius of all nodes is 250 m. Two scenarios are investigated： a single-hop network with nodes spreading out in 100 m^100 m, and all the nodes are in the range of each other; and a multi-hop network with nodes spreading out in 1 000 m~ 1 000 m. The node can monitor the backoff time from all the other nodes and run the detection algorithms over those samples. It is noted that the threshold can significantly affect the detection time and the detection accuracy. For a given threshold of 0.3 s, the false alarm rates and the missed alarm rates are less than 5%. The detection delay is less than 1.0 s. The simulation results show that the algorithm has short detection time and high detection accuracy.

Channel Transmission Behavioral Modeling Dedicated to WSNs

The design, manufacture and deployment of embedded systems become increasingly complex and multidisciplinary process. Before the steps of manufacturing and deployment, a simulation and validation phase is necessary. Given the increasing complexity of systems such as telecommunications systems, control systems and others, a specific simulation and validation process must take place. This simulation ideally made in a single development environment should cover different areas and all components of the system. In this paper, the authors briefly describe the behavioral models of the elements of a large scale WSN （wireless sensors network） used to create simulator, focusing specifically on the model of the transmission channel, and how it can retrieve results from the behavioral simulator. In side to legacy network simulator, for the testing and modeling of communication protocols, this simulator should not omit WSN specific aspect, in accuracy it covers the modeling of node platforms, protocols, and real world phenomena.

全国人民代表大会常务委员会关于修改《中华人民共和国未成年人保护法》的决定

1.2012年10月26日第十一届全国人民代表大会常务委员会第二十九次会议通过2.2012年10月26日中华人民共和国主席令第65号公布3.自2013年1月1日起施行第十一届全国人民代表大会常务委员会第二十九次会议决定对《中华人民共和国未成年人保护法》作如下修改:将第五十六条第一款修改为:"讯问、审判未成年犯罪嫌疑人、被告人,询问未成年证人、被害人。

An evolutionary perspective on conflict and compensation in physiological and functional traits

Physiological and functional traits, especially those related to behavior and whole-organism performance capacities, are subject to a variety of both parallel and opposing natural and sexual selection pressures. These selection pressures show considerable interspeciflc variation, shaping contemporary behavioral and functional diversity, but the form and intensity of selection on physiological and functional traits can also vary intraspecifically. The same suites of traits can experience quite different se- lection pressures, depending on the sex or age of a given individual, as well as the presence and nature of alternative reproductive strategies and tactics. These inter- and intra-locus genetic conflicts have potentially important consequences for the evolutionary trajectories of traits subject to them. Consequently, any intraspecific conflicts which could displace traits from their selective op- tima in certain classes of individuals relative to others are expected to result in selection for mechanisms to compensate for devia- tion from those optima. Such conflicts include interlocus sexual conflict, intralocus sexual conflict, and interacting phenotypes, as well as conflict within a sex. In this paper, we consider the evidence for, and implications of, such conflicts for physiological and functional traits in diverse taxa, including both vertebrates and invertebrates, and evaluate the various mechanisms, ranging from behavioral and mechanical to energetic and genetic, enabling compensation. We also discuss how pre- and post-mating conflicts, as well as interacting phenotypes, might affect the evolution of behavior and physiological and functional traits. Investigators that seek to understand the links among behavior, morphology, physiology, and function should consider such conflicts.

View-invariant human action recognition via robust locally adaptive multi-view learning

Human action recognition is currently one of the most active research areas in computer vision. It has been widely used in many applications, such as intelligent surveillance, perceptual interface, and content-based video retrieval. However, some extrinsic factors are barriers for the development of action recognition; e.g., human actions may be observed from arbitrary camera viewpoints in realistic scene. Thus, view-invariant analysis becomes important for action recognition algorithms, and a number of researchers have paid much attention to this issue. In this paper, we present a multi-view learning approach to recognize human actions from different views. As most existing multi-view learning algorithms often suffer from the problem of lacking data adaptiveness in the nearest neighborhood graph construction procedure, a robust locally adaptive multi-view learning algorithm based on learning multiple local L 1-graphs is proposed. Moreover, an efficient iterative optimization method is proposed to solve the proposed objective function. Experiments on three public view-invariant action recognition datasets, i.e., ViHASi, IXMAS, and WVU, demonstrate data adaptiveness, effectiveness, and efficiency of our algorithm. More importantly, when the feature dimension is correctly selected （i.e., 〉60）, the proposed algorithm stably outperforms state-of-the-art counterparts and obtains about 6% improvement in recognition accuracy on the three datasets.