论质监执法中相对人违法行为数问题

本文立足于行政法理论和质监执法实际,提出"违法行为数问题"这个定义;举例论述质监执法中遇到的各类不同"违法行为数"的概念和特征、构成要件、处理等;建议立法完善"违法行为数问题"的定义、处断原则及执法主体重合问题等。

犯罪竞合论中行为数的判断标准及其应用

罪数理论应当是以犯罪间的竞合作为事实基础,进而解决竞合状态下法律效果问题的一种理论。行为这一概念具有自然属性,行为与规范乃“评价客体”与“客体评价”的关系,即行为本身客观、独立存在,对其数量的判断不得借由规范构成要件而任意改变。针对行为数的判断这一问题,应采用社会意义上自然行为的判断标准,来直接识别自然行为的数量。而在解决疑难案件及不作为犯、过失犯罪、连续犯等复杂问题时,需要运用到一种“切割分析法”的辅助方法进行分析。在竞合论的背景下,可以应用“自然行为数”这一概念作为法律效果的解决方案,遵从禁止重复评价原则,一自然行为应当一罚,数自然行为应当并罚。

道路交通安全违法行为数认定研究

《行政处罚法》中虽对同一个违法行为不得给予两次以上罚款做出规定,但对其中"同一违法行为数"的认定,未进一步具体明确,因此,道路交通安全管理行政处罚领域,复杂、特殊形态道路交通安全违法行为单复数的认定,成为交警执法的难点。道路交通安全违法行为数认定,首先可按照构成要件说,列举出道路交通安全违法行为数,再判断是否存在想象竞合、继续性违法行为、连续性违法行为、触犯多个选择性构成要件违法行为和数个不作为违法行为等类型的特殊、复杂形态并予以修正,最终确定违法行为数。

汉语行为称数法研究综述

汉语行为称数法经历了由数词到数量词的演变过程,进而引起了一系列的语法变化。本文就目前学界关于汉语行为称数法中的数词与动词的结合形式及数量词与动词的结合形式中的相关研究进行了梳理,以期为这方面的进一步研究做一些基础工作。

数学的基础:存在——觉数能力——不确切数——数量体系

以"天人知识"认知理论体系(N+H=K)和相关的"知识-非知识"、"科学-非科学"划界标准为基础理论,以人类科学中的相关史料及新成果为基本素材,探讨数学基础理论中"存在"、"觉数能力"、"觉数行为"、"实无穷-潜无穷"、"确切数"与"不确切数"这几个重要概念及之间的必然联系,在一个新的数学哲学理论体系中进一步分析、研究、认识与"无穷"概念相关的"数"及其"数量体系"的本质,认识与"不确切数"相关且有别于传统"形式分类法"的几种新数量体系.

Congregated electron phase and Wagner model applied in titanium distribution behavior in low-titanium slag

For studying the carbon thermal reduction rules of titanium in hot metal and providing a theoretical basis for the blast furnace（BF） hearth protection, the distribution behavior of titanium between low-titanium slag system of CaO-SiO2-MgO-Al2O3-TiO2 and hot metal was studied using analytical reagents in a temperature range from 1350 °C to 1600 °C. Through high temperature melting, rapid quenching, chemical analysis and thermodynamic model calculating, the results showed that the increase of reaction temperature, which improved the titanium distribution L（Ti） and lowered the system activity coefficient γsys, leads to the rise of equilibrium constant. Combined with Wagner and congregated electron phase models, the data obtained in distribution experiments were used to fit out the Gibbs free energy formula of titanium carbothermic reduction. Finally, the relations between the contents of Si and Ti in hot metal and the titanium load to reach the minimum w（Ti） for the formation of Ti C were given.

论吸收犯吸收关系的根据

在犯罪评价中,一个符合犯罪客观要件的行为能吸收另一个符合犯罪客观要件的行为,从而只按一个犯罪行为来评价,被称做吸收犯。数个符合犯罪客观要件的行为之间存在吸收关系是吸收犯成立的前提;而吸收关系是指行为人实施的数个符合犯罪客观要件的行为能被评价为一个行为的理由,其根据在于"数行为侵害同一对象之相同法益"。

共犯本质:一个反思性检讨

共犯从属性说、独立性说与二重性说一致认为:共同犯罪是数人共犯一罪,共同犯罪行为是数人共为一个整体的犯罪行为。这三种学说面临的共同问题是其都不能正确揭示行为、罪数与处罚之间的辨证关系。根据犯罪构成基本理论,共同犯罪行为是数人数行为而不是数人共为一个整体的犯罪行为;共同犯罪是数人数罪而不是数人一罪。将正犯的实行行为评价为共犯行为的一部分不仅可能而且正当。只有将共同犯罪界定为数人共犯数罪,才能彻底厘清共同犯罪与犯罪构成之间的辩证关系,从而能够维护整个刑法理论体系的完整性与科学性。

High temperature tensile deformation behavior of AZ80 magnesium alloy

Tensile behaviors of an AZS0 alloy were investigated by elongation-to-failure tensile tests at 300, 350, 400 and 450 ℃, and strain rates of 10-2 and 10-3 s 1. Strain-rate-change tests from 5×10-5 s-1 to 2x10-2 s-1 were applied to study deformation mechanisms. The experimental data show that the material exhibits enhanced tensile ductilities of over 100% at 400 and 450 ℃ with stress exponent of 4.29 and activation energy of 149.60 kJ/mol, and initial fine grains preserve in evenly deformed gauge based on microstructure studies. The enhanced tensile ductilities are rate controlled by a competitive mechanism of grain boundary sliding and dislocation climb creep, based on which a model can successfully simulate the deformation behavior.

Distortion Behavior for SOI MOSFET

Distortion analysis of SOI MOS transistor is presented.By the power series method,the distortion behaviors of FD (fully depleted) and RC (recessed channel) SOI MOS transistor configurations are investigated.It is shown that the distortion figures deteriorate with the scaling down of channel length,and the RC SOI device shows better distortion performance than the FD SOI device.At the same time,the experimental data show that the ineffective body contact can lead to an increase of the harmonic amplitude due to the bulk resistance.The presented results give an intuitive knowledge for the design of low distortion mixed signal integrated system.

Meiotic Behavior of 1BL/1RS Translocation Chromosome and Alien Chromosome in Two Tri-genera Hybrids

The behavior of wheat-rye translocation chromosome and alien chromosome including Thinopyrum and Haynaldia chromosome at meiosis was investigated in two hybrids by fluorescence in situ hybridization (FISH). Misdivision of translocation chromosome at anaphase I and rye chromatin micronucleus at tetrad stage were observed, A plant with one normal 1BL/1RS translocation chromosome and one 1BL/1RS translocation chromosome deleted about 1/3 of rye chromosome arm in length was identified. One plant with wheat-Thinopyrum non-Robertson translocation chromosome was also detected in the F-2 population of Yi4212 x Yi4095. That could be the results of unequal misdivision of wheat-rye 1BL/1RS translocation chromosome and Thinopyrum chromosome during meiosis. No interaction between translocation chromosome and alien chromosome at meiosis was supported by the data of the distribution frequencies of translocation chromosome and Thinopyrum or Haynaldia chromosome in the progeny of two hybrids. The results may be useful to cultivate new germplasms with different length of rye 1R short arm and wheat-alien non-Robertson translocation tines under wheat background.

High temperature deformation behavior and optimization of hot compression process parameters in TC11 titanium alloy with coarse lamellar original microstructure

The high temperature deformation behaviors of α＋β type titanium alloy TC11 （Ti-6.5Al-3.5Mo-1.5Zr-0.3Si） with coarse lamellar starting microstructure were investigated based on the hot compression tests in the temperature range of 950-1100 ℃ and the strain rate range of 0.001-10 s-1. The processing maps at different strains were then constructed based on the dynamic materials model, and the hot compression process parameters and deformation mechanism were optimized and analyzed, respectively. The results show that the processing maps exhibit two domains with a high efficiency of power dissipation and a flow instability domain with a less efficiency of power dissipation. The types of domains were characterized by convergence and divergence of the efficiency of power dissipation, respectively. The convergent domain in a＋fl phase field is at the temperature of 950-990 ℃ and the strain rate of 0.001-0.01 s^-1, which correspond to a better hot compression process window of α＋β phase field. The peak of efficiency of power dissipation in α＋β phase field is at 950 ℃ and 0.001 s 1, which correspond to the best hot compression process parameters of α＋β phase field. The convergent domain in β phase field is at the temperature of 1020-1080 ℃ and the strain rate of 0.001-0.1 s^-l, which correspond to a better hot compression process window of β phase field. The peak of efficiency of power dissipation in ℃ phase field occurs at 1050 ℃ over the strain rates from 0.001 s^-1 to 0.01 s^-1, which correspond to the best hot compression process parameters of ,8 phase field. The divergence domain occurs at the strain rates above 0.5 s^-1 and in all the tested temperature range, which correspond to flow instability that is manifested as flow localization and indicated by the flow softening phenomenon in stress-- strain curves. The deformation mechanisms of the optimized hot compression process windows in a＋β and β phase fields are identified to be spheroidizing and dynamic recrystallizing controlled by self-diffusion mechanism, respectively. The microstructure observation of the deformed specimens in different domains matches very well with the optimized results.

Status and behavior of the Black-necked Crane (Grus nigricollis) in the Altun Mountain Reserve,Xinjiang

The Black-necked Crane (Grus nigricollis) is an endemic species of the Qinghai-Tibetan Plateau,with its population in Xinjiang largely found in the Kunlun and Altun mountain regions.A survey of the distribution,population dynamics,flock size and behavior was conducted in Altun Mountain National Natural Reserve from September to November 2011.We investigated the size and distribution of its population in this area with a sample spot survey and by direct counting.We found Black-necked Cranes on the wetlands of Wuzunxiaoer,Yusup Aleksei,Yaziquan,Qimantag,Tula Ranch and elsewhere,where we recorded 126 individual birds of the species in Yixiekepati (37° 15′-37°23′N,90°11′-90°20′E,elevation 3903 m),the largest population we have observed in this area.In the reserve,the population consists of about 180-200 birds.Combined with previous records,we conclude that more than 260 Black-necked Cranes live in Xinjiang.Cranes gathered conspicuously in the middle of October where the highest number of birds appeared on 29 October.All of the cranes had migrated out of this area by 6 November.Time budgets and diurnal behavior rhythms of Blacknecked Cranes were observed in the Yixiekepati wetland at daylight (from 06:00 to 18:00).Foraging was the most prevalent type of behavior during the autumn period,accounting for 58.9％ of the diurnal time budget,followed by preening (13.2％),vigilance (9.5％),walking (8.2％),flying (3.5％),resting (3.4％),chirping (2.7％) and other types of behavior (0.6％).

Seed Recalcitrance:a Current Assessment

Seeds have been categorized as orthodox, recalcitrant and intermediate seeds according to their dehydration behaviors. Identification of desiccation-tolerance and -sensitivity of seeds is the basis making storage strategy of seeds and long-term conservation of species gene resources. In addition to the inherent characteristics of the species, developmental status of the seeds, dehydration rate, and the conditions under which they are dried and subsequently re-imbibed are very important factors influencing desiccation tolerance of seeds. Survival, electrolyte leakage rate, and germination/growth rate produced by survived seeds are a excellent synthetic parameter when discussing desiccation tolerance of seeds. Desiccation tolerance of seeds is a quantitative feature. The term 'critical water content' is incorrect and has caused some confusion in assessment of seed recalcitrance. A new working approach to quantify the degree of seed recalcitrance has been proposed in this paper.

Analysis of deformation characteristic in multi-way loading forming process of aluminum alloy cross valve based on finite element model

The deformation characteristic in the forming process of aluminum alloy 7075 cross valve under multi-way loading was investigated by numerical simulation method. The results indicate that there exist 4 deformation patterns in the multi-way loading forming process of cross valve, such as forward extrusion, backward extrusion, forward-lateral extrusion and backward-lateral extrusion; one or several patterns occur at different forming stages depending on loading path. In general, the main deformation pattern is forward extrusion or backward extrusion at the initial stage; the main deformation pattern is backward extrusion at the intermediate stage, and the backward extrusion and forward-lateral extrusion occur at the final stage. In order to improve the cavity fill and reduce the forming defects, the lateral extrusion deformation should be increased at the initial and intermediate stages, and the forward extrusion deformation at the final forging stage should be reduced or avoided.

SIMULATION STUDY OF CHAOS IN DC-DC CONVERTER

A DC DC buck converter c on trolled by naturally sampled, constant frequency PWM is considered. The existe nce of chaotic solutions and the output performance of the system under differen t circuit parameters are studied. The transforming pattern of system behavior fr om steady state to chaotic is discovered by the cascades of period doubling bi furcation and the cascades of periodic orbit in V I phase space. Accordingl y, it is validated that change of values of the circuit parameters may lead DC DC converter to chaotic motion. Performances of the output ripples fro m steady state to chaotic are analyzed in time and frequency domains respective ly. Some important conclusions are helpful for opt imization design of DC DC converter.

Evaluation of fatigue property of asphalt mixtures based on digital image correlation method

In order to evaluate the accumulative of tensile strain in the process of fatigue failure, the digital image correlation（DIC） method was utilized to characterize the tensile strain development of asphalt mixtures in the indirect tensile（IDT）fatigue test. Three typical hot mix asphalt（HMA） mixtures with varying nominal maximum aggregate sizes were tested at four stress levels. During the tests, a digital camera was mounted to capture the displacement/strain fields on the surface of the specimen by recording the real-time change of speckle position. The results indicate that the vertical deformation curve can barely evaluate the fatigue performance accurately due to the non-negligible local deflection near the loading point. However, based on the analysis of strain fields,the optimal fatigue cracking zone is determined as a 40mm×40mm rectangle in the middle of the specimens. Also, a reasonable fatigue model based on the tensile strain curves calculated by DIC is proposed to predict the fatigue lives of asphalt mixtures.

Type D personality negatively associated with self-care in Chinese heart failure patients

Background Little is known about the association between type D personality and self-care behaviors in heart failure （HF） patients. We examined the effect of type D personality on self-care behaviors and self-efficacy among Chinese HF patients. Methods A cross-sectional study with a convenience sample was conducted. All participants completed the questionnaires of the self-care of HF index （V6） and type D personality scale. Demographic and clinical variables were obtained from medical records and patient interviews. The me- thods used for data analysis included descriptive analysis, independent-sample t-test, Z2 test, and multiple linear regression. Results A total of 127 HF patients were included and 61.4% of them were male. The average age for this study sample was 64.9± 12.34 years. The majority of the participants were in a New York Heart Association class III or IV （87%）, and the average length of living with HF was 38.24 ± 41.1 months. A total of 33.1% of the participants were identified as having type D personality. No significant differences were determined in the demographic and clinical variables between type D and non-type D patients, except for the mean age and the length of living with HF. Type D patients were younger and had a shorter time of living with HF than their non-type D counterparts. Multiple regression demonstrated significant associations between type D personality and self-care maintenance and self-efficacy after adjusting the demographic and clinical factors. However, type D personality was not significantly associated with self-care management behaviors. Conclusions Type D personality was negatively related to self-care maintenance and self-efficacy in Chinese HF patients. Future study is warranted to develop a tailored intervention to improve engagement in self-care behaviors in HF patients with type D personality.

Numerical evaluation of buckling behavior in space structure considering geometrical parameters with joint rigidity

The buckling behavior of single layer space structure is very sensitive. The joint rigidity, moreover, is one of the main factors of stability which may determine the entire failure behavior. Thus, the reasonable stiffness of joint system, which is neither total pin assumption nor perfect fix condition, is very important to apply to the real single layer space one. Therefore, the purpose of this work was to investigate the buckling behavior of single layer space structure, using the development of the upgraded stiffness matrix for the joint rigidity. To derive tangential stiffness matrix, a displacement function was assumed using translational and rotational displacement at the node. The geometrical nonlinear analysis was simulated not only with perfect model but also with imperfect one. As a result, the one and two free nodal numerical models were investigated using derived stiffness matrix. It was figured out that the buckling load increases in proportion to joint rigidity with rise-span ratio. The stability of numerical model is very sensitive with the initial imperfection, responding of bifurcation in the structure.

A case study on behaviors of composite soil nailed wall with bored piles in a deep excavation

A complete case of a deep excavation was explored. According to the practical working conditions, a 3D non-linear finite element procedure is used to simulate a deep excavation supported by the composite soil nailed wall with bored piles in soft soil. The modified cam clay model is employed as the constitutive relationship of the soil in the numerical simulation. Results from the numerical analysis are fitted well with the field data, which indicate that the research approach used is reliable. Based on the field data and numerical results of the deep excavation supported by four different patterns of the composite soil nailed wall, the significant corner effect is founded in the 3D deep excavation. If bored piles or soil anchors are considered in the composite soil nailed wall, they are beneficial to decreasing deformations and internal forces of bored piles, cement mixing piles, soil anchors, soil nailings and soil around the deep excavation. Besides, the effects due to bored piles are more significant than those deduced from soil anchors. All mentioned above prove that the composite soil nailed wall with bored piles is feasible in the deep excavation.