论建立我国证据展示制度的必要性

所谓证据展示是指诉讼一方从另一方获得与案件有关的事实情况和其他信息情况,即控辩双方的信息交换。证据展示制度,是控辩式刑事诉讼的基本制度,是审判公正兼顾效率的基本保证。在旧的庭审方式中实行案卷移送制度,使辩护律师能够在庭审前到法院阅览控诉方的证据材料。在新的庭审方式起诉时不移送卷宗的情况下,就产生了一个庭前了解双方掌握的信息以便准备诉讼的问题。目前世界上普遍的做法是实行庭审前的证据展示,如美国、英国、日本等国都实行证据展示制度。

刑事诉讼中证据隐匿的法律规制

针对刑事诉讼中证据隐匿存在的法律规制问题,提出应当区分不同的证据隐匿主体、隐匿证据的类型和隐匿证据的价值等进行综合考量。实体法与程序法相结合,刑事法律责任、行政法律责任和程序法律责任相衔接,才能对证据隐匿行为进行有效的法律规制。

试论以审判为中心改革下传闻证据适用机制的构建

随着以审判为中心改革的推进,旧有的案件审理模式将发生巨大的变化,这一变化带来的不同机关在审判活动中地位与权能的变更势必关系对现有证据体系,尤其是对传闻证据的适用产生影响。以传闻证据和以审判为中心改革的具体内容为基础,通过对传闻证据在这一改革中的存在价值进行论证,并结合刑事诉讼法理论与实践经验,对传闻证据的适用范围、程序及约束机制进行分析,为传闻证据在以审判为中心改革中效用的合理发挥提供可取的参考。

Security of Application System

A safe and reliable application system frame based on Internet and Intranet for Stock Supervision and Administration Council of China is built up. An all sided, multi tier and multi technical security method has been adopted, which includes identity recognition, data encryption, digital signature, Domino and WWW servers, access control list, directory service, certificate authorization server, IC card and so on. The recognition system based on CA server is a high efficient, convenient and reliable system. The encryption technology and security method are proved to be reliable. The recognition system is of high security and is worthy of being popularized in some places where some special security requirements need meeting. Multi tier technology can improve the security of database. Double keys method is a useful data encryption method.

Experimental and clinical evidence of antioxidant therapy in acute pancreatitis

Oxidative stress has been shown to play an important role in the pathogenesis of acute pancreatitis (AP). Antioxidants, alone or in combination with conventional therapy, should improve oxidative-stress-induced organ damage and therefore accelerate the rate of recovery. In recent years, substantial amounts of data about the efficiency of antioxidants against oxidative damage have been obtained from experiments with rodents. Some of these antioxidants have been found beneficial in the treatment of AP in humans; however, at present there is insufficient clinical data to support the benefits of antioxidants, alone or in combination with conven-tional therapy, in the management of AP in humans. Conflicting results obtained from experimental animals and humans may represent distinct pathophysiological mechanisms mediating tissue injury in different species. Further detailed studies should be done to clarify the exact mechanisms of tissue injury in human AP. Herein I tried to review the existing experimental and clinical studies on AP in order to determine the efficiency of antioxidants. The use of antioxidant enriched nutrition is a potential direction of clinical research in AP given the lack of clues about the efficiency and safety of antioxidant usage in patients with AP.

Upper bound solutions for supporting pressures of shallow tunnels with nonlinear failure criterion

Linear failure criterion is widely used in calculation of earth pressure acting on shallow tunnels. However, experimental evidence shows that nonlinear failure criterion is able to represent fairly well the failure of almost all types of rocks, A nonlinear Hock-Brown failure criterion is employed to estimate the supporting pressures of shallow tunnels in limit analysis framework. Two failure mechanisms are proposed for calculating the work rate of extemal force and the internal energy dissipation. A tangential line to the nonlinear failure criterion is used to formulate the supporting pressure problem as a nonlinear programming problem. The objective function formulated in this way is minimized with respect to the failure mechanism and the location of tangency point. In order to assess the validity, the supporting pressures for the proposed failure mechanisms are calculated and compared with each other, and the present results are compared with previously published solutions when the nonlinear criterion is reduced to linear criterion. The agreement supports the validity of the proposed failure mechanisms. An experiment is conducted to investigate the influences of the nonlinear criterion on collapse shape and supporting pressures of shallow tunnels.

Anti-angiogenesis in hepatocellular carcinoma treatment: Current evidence and future perspectives

Hepatocellular carcinoma(HCC) is among the most common cancer diseases worldwide.Arterial hypervascularisation is an essential step for HCC tumorigenesis and can be targeted by transarterial chemoembolization(TACE).This interventional method is the standard treatment for patients with intermediate stage HCC,but is also applied as "bridging" therapy for patients awaiting liver transplantation in many centers worldwide.Usually the devascularization effect induced by TACE is transient,consequently resulting in repeated cycles of TACE every 4-8 wk.Despite documented survival benefits,TACE can also induce the up-regulation of proangiogenic and growth factors,which might contribute to accelerated progression in patients with incomplete response.In 2007,sorafenib,a multi-tyrosine kinase and angiogenesis inhibitor,was approved as the first systemic treatment for advanced stage HCC.Other active targeted compounds,either inhibitors of angiogenesis and/or growth factors,are currently being investigated in numerous clinical trials.To overcome revascularisation or tumor progression under TACE treatment it seems therefore attractive to combine TACE with systemic targeted agents,which might theoretically block the effects of proangiogenic and growth factors.Over the last 12 mo,several retrospec-tive or prospective cohort studies combining TACE and sorafenib have been published.Nevertheless,robust results of the efficacy and tolerability of such combination strategies as proven by randomized,controlled trials are awaited in the next two years.

Corporate Governance Mechanisms： Evidence From Small- and Medium-Sized Enterprises （SMEs）

This paper aims to investigate the extent to which Malaysian small- and medium-sized enterprises （SMEs） adopted corporate governance （CG） principles and their effects on firm performance. The principles examined included： establishing clear roles and responsibilities; strengthening composition; and reinforcing independence. The paper is based on a questionnaire survey study among 113 SMEs that consisted of 35% （39） of manufacturing and related services and 65% （74） from services including information and communication technology （ICT）, primary agriculture, construction, mining, and quarrying. The analysis of the data indicates that 32% of the respondents said that the primary reason why they have their own business is to have control over their own working life. This fmding appears to confirm the f＇mancing theory that SMEs owners have other goals than profitability. In addition, 30% of SMEs perceived that the most important role played by the board is risk management; hence, these boards have a greater control over financial risks that may lead to better financial performance. The analysis also shows that 81% of the respondents＇ board consisted of internal board members only. These enterprises need to see the important role of external board members as a source of advice providers and experts to them. For policies relating to clear roles and responsibilities of board, only 28% of the respondents established clear functions reserved for the board and those delegated to management; substantial respondents did not draw up policies relating to reinforce board independency （between 75% and 79%） and to strengthen board composition （46%）. Besides, 68% of the respondents have the position of chairman and CEO held by same individuals and 81% of the chairman is an executive member of the board. These findings suggest that SMEs cannot see the importance of strengthening board and having independent board members. Regression analysis also indicates that board independence has a significant and positive impact on firm performance. Hence, SMEs need to appreciate networking advantages, competency, and strategic knowledge that the right board can offer. The governmental ministries and agencies in Malaysia need to take active measures to encourage SMEs to strengthen their board governance, because SMEs are the important economic powers for stimulating national economic growth. This paper contributes to the empirical literatures on the adoption of CG principles and their effects on SMEs＇ firm performance in emerging markets.

Creativity of the Entrepreneur, Intrapreneurship, and the Growth of Small and Medium-Sized Enterprises： Evidence from China

Creativity is an element of the personality of entrepreneurs which can be important for the foundation, advance, and business performance of small and medium-sized enterprises （SMEs）. Intrapreneurship can be developed in small and medium-sized enterprises where entrepreneurs have a sufficient level of creativity and it can influence the growth of enterprises. Hypotheses are specified and empirically tested based on responses to a structured questionnaire on a sample of small and medium-sized enterprises from China. The research results indicate positive relationships between the creativity of the entrepreneur and intrapreneurship and growth of the enterprise.

An Enquiry Into the Responsiveness of Corporate Profitability to Corporate Governance Mechanism＂ Evidences From Malaysian Government-Linked Companies （GLCs）

Realizing the importance of corporate governance, many governments have embarked upon various initiatives. In Malaysia, the recently introduced Green Book program aims to strengthen the corporate governance among the government-linked companies （GLCs）, in view of their significant contributions to the national socio-economic development. The Green Book initiative, launched in 2005, contains, among other things, a provision to create a high-performing board. Performance of GLCs, therefore, is likely to scale better heights with the modification of the constitution of the boards. The present paper aims to examine the association between the selected corporate governance attributes and performance of GLCs in 2010, approximately five years since the implementation of the transformation program. The regression analysis reveals that none of the selected corporate governance indicators has significantly impacted the performance of GLCs. The findings serve as a wake-up call to the authorities to appraise the effectiveness of the transformation program in enhancing the performance of GLCs.

Transmission Mechanisms of Monetary Policy in Saudi Arabia： Evidence From SVAR Analysis

In this research, the authors evaluate different channels of the monetary policy transmission mechanisms in Saudi Arabia over the last 15 years with a baseline of structural vector autoregressive （SVAR） models. Contemporaneous coefficient in the structural model indicates that while Saudi Arabia pegs its currency to US dollar, monetary policy instrument reacts positively to unexpected changes in the monetary aggregate. In addition to the traditional interest rate channel, the authors have also found the effects of credit channel. Moreover, variance decomposition results show that past shocks of credit, nominal effective exchange rate （NEER）, federal funds rate （FFR） and treasury bill （TB） are found to be important for credit growth in shorter and longer horizons. The exchange rate channel has been less significant in comparison to other channels.

CO2 emission driving forces and corresponding mitigation strategies under low-carbon economy mode:evidence from China's Beijing-Tianjin-Hebei region

On account of the background of China's "new normal" characterized by slower economic growth, this paper analyses the low-carbon economy status quo in the Beijing-Tianjin-Hebei region and empirically investigates the relationship between carbon dioxide(CO_2) emissions and its various factors for China's Beijing-Tianjin-Hebei region using panel data econometric technique. We find evidence of existence of Environmental Kuznets Curve. Results also show that economic scale, industrial structure, and urbanization rate are crucial factors to promote CO_2emissions. However, technological progress, especially the domestic independent research and development, plays a key role in C0_2 emissions abatement. Next, we further analyze the correlation between each subregion and various factors according to Grey Relation Analysis. Thereby,our findings provide important implications for policymakers in air pollution control and C0_2 emissions reduction for this region.

Evaluating the Provision of Information in the Financial Statements of Enterprises： Empirical Evidence From Vietnam

Globalization trend has raised demand for establishing a consistent legal framework internationally. Vietnam has been establishing gradually a consistem legal framework according to countries in the world for improving information in financial statements of enterprises. Timely, the Ministry of Finance has made a great effort to publish the draft to correct and adjust accounting laws, accounting standards, and accounting systems to improve and enhance the quality of accounting information. However, based on the result of experiment survey including auditors, chief accountants, and investors, the information in the financial statements provided by Vietnamese enterprises has some shortcomings. The information provided by organizations has not satisfied the demand of users to make useful decisions. Ideally, Vietnam needs to have certain improvements in overall by state, enterprises, and occupation organizations to provide information with high quality and accuracy. This in turn will be crucial for Vietnam in international accounting integration progress.

Crohn’s disease:Evidence for involvement of unregulated transcytosis in disease etio-pathogenesis

Crohn’s disease(CD)is a chronic inflammatory bowel disease.Research has identified genetic predisposition and environmental factors as key elements in the development of the disease.However,the precise mechanism that initiates immune activation remains undefined.One pathway for luminal antigenic molecules to enter the sterile lamina propria and activate an immune response is via transcytosis.Transcytosis,although tightly regulated by the cell,has the potential for transepithelial transport of bacteria and highly antigenic luminal molecules whose uncontrolled translocation into the lamina propria can be the source of immune activation.Viewed as a whole,the evidence suggests that unregulated intestinal epithelial transcytosis is involved in the inappropriate presentation of immunogenic luminal macromolecules to the intestinal lamina propria.Thus fulfilling the role of an early pre-morbid mechanism that can result in antigenic overload of the lamina propria and initiate an immune response culminating in chronic inflammation characteristic of this disease.It is the aim of this paper to present evidence implicating enterocyte transcytosis in the early etio-pathogenesis of CD.

Effects of Mandatory Audit Firm Rotation Upon Quality of Audit： The Perception of Audit Firms Evidence From Bahrain

The objectives of this study are： （1） to explore current audit appointment practices by audit firms in Bahrain; （2） to look into the opinions of audit firms in Bahrain on potential effects provided by implementing mandatory audit firm rotation （audit quality）; and （3） to investigate audit firms＇ views in implementing mandatory audit firm rotation in Bahrain. To achieve these objectives, a questionnaire was developed and distributed to respondents that consist of all auditors working in audit firms in Bahrain. The findings indicated that there is a significant relationship between mandatory audit firm rotation and quality of audit. The study also indicated that longer partner tenure makes the auditor＇s performance lack the quality in the auditing process. The average mean for all questions of the hypothesis together is 2.73 with average standard deviation of 0.94 which is less than half of the mean. This means that there is no dispersion among respondents about the questions of the hypothesis. Also, the analysis shows that the t-value is 29.922, which is greater than the table critical value of t （1.66）, and the p-value obtained is 0.000 which is less than the value of significance at p 〈 0.05. These results confirm statistically that there is a significant relationship, so the null hypothesis is rejected and the alternative hypothesis is accepted.

The Role of Memory and Tradition in the Construction of Identity in the Nineteenth-Century Bahamas

Tradition has been defined as practices brought forward from the past into the present. In the context of enslavement and the cultural dislocation that accompanied it, memory became critical in the recreation of tradition. Individual memory contributed to the practices that created new traditions to be carried forward by subsequent generations. Archaeological evidence from Clifton Plantation, Bahamas, illustrates how memory and tradition shaped the identities of both enslaver and enslaved, and influenced the construction of an African Bahamian identity in the early nineteenth-century. In their consumer selections, the enslaved people of Clifton were constructing artifact assemblages that reflected their memories of their traditional cultural background. In the process they were creating an Afro-Bahamian aesthetic that would become a tradition for future generations of Bahamians. While the goods were not of their own manufacture, the choices were theirs from the selection available to them. At the same time, those of British heritage were signaling their British identity through their consumer choices. However, Clifton was unusual in being owned by a reformer who sought to ameliorate the conditions of slavery. The paper also briefly discusses whether these concepts are useful in understanding the material culture of enslaved Africans at other sites.

Evidence of Climate Variability in Imo State of Southeastern Nigeria

Climate variation generally occurs at local scale, regional scale, national scale and global scale. Having established that the global climate has varied slowly over the past millennia, centuries, and decades and it is expected to continue to vary in future. Like the climate change, variability may be due to, national internal processes within the climate （internal variability）, or variations in natural or anthropogenic external forces （external variability）. Evidence of climate variations is now well documented, and the implications are becoming increasingly clear as data accumulates and data and climate models become increasingly sophisticated. The fluctuations in rainfall and temperature regimes are the atmospheric driving forces that are responsible for the climate variations over the southeastern Nigeria including Imo State as the case in other parts of the world. It is on this premise that this study examined the evidence of climate variability in Imo State of the southeastern Nigeria. The study employed the holistic use of real meteorological data from Nigerian Meteorological Department on two weather parameters （temperature and rainfall）, for 30 years （1980-2009）. Results indicated fluctuations in temperature and rainfall regimes within the period under study, which were the reasons for the variations in climate of the region. Apparently, evidence of climate variability are indicated by increasing surface air temperature, increasing heat waves which enhances disease vectors, communicable diseases and epidemics, sea level rise and associated coastal erosion, flooding, increased evaporation that dry up streams and rivers etc..

基于行为证据推理的企业研发人员绩效测量方法研究

由于研发人员工作内容的复杂和产出的不确定,如何对其绩效进行科学、准确的测量和管理一直以来困扰着研发管理者。较之于社会标签、工作结果等表层绩效信息,对研发人员日常工作行为的分析研究可以帮助我们更好地理解其深层次绩效特征,进而开展有针对性的绩效管理。因此本文提出了一种基于行为证据推理的研发人员绩效测量方法。这一方法首先确定与研发人员绩效相关的行为证据,进而采集行为数据并利用证据推理规则构建起研发人员"行为-绩效"间的推理关系,进而根据推理结果对研发人员绩效表现进行预测和管理。通过实证研究,上述方法可以有效判断个体研发人员的绩效水平,并帮助研发管理者开展有针对性的绩效反馈、提升。

新刑事诉讼法的功能定位

同以往相比较,这次2012年刑事诉讼法的修改有许多历史性突破:第一,从立法方式的变化来看,从威权性立法转变为回应性立法,或者说是从传统人治模式转变为现代民主模式;第二,从立法步骤来看,更科学合理,大致经历了理论研究、实践探索、征求民意、审议通过等几个阶段;第三,从修正的内容来看,比较丰富多彩,包含了价值倡导、务实操作、初步探索等不同内容的条文。可能正是由于立法意识和立法技术的上述进步,使得新刑事诉讼法凸显了五个方面的功能:人权保障、权力配置、事实认定、纠纷解决、犯罪惩治。

比较法视野下的刑事庭前审查程序之改造

在刑事诉讼中,庭前审查程序是衔接公诉和审判中间的过渡性阶段,它虽不属于正式的审判程序,但对于刑事审判的顺利进行以及司法资源的优化利用具有重要意义。本文在对刑事诉讼庭前审查程序进行比较分析和学理阐释的基础之上指出,科学的刑事诉讼庭前审查程序必须遵循防止预断、明晰争议和促进效率三项原则,拥有过滤、分流、庭前准备、司法审查等基本功能。针对我国现行刑事诉讼庭前审查程序中存在的诸多缺陷,文章最后提出了建构我国刑事预审程序的若干设想。