论行政调解的法制建构

行政调解是我国调解制度的重要构成部分,是"大调解"纠纷解决机制的重要环节,对解决社会纠纷、化解社会矛盾具有特殊重要的地位和功能。但是我国行政调解法律制度至今尚未建立起来。本文认为,我国调解法律制度建设的目标是在《人民调解法》的基础上,制定统一的《调解法》,建构较为完备的调解法律制度。当前的重点是建立和完善行政调解制度,建议在《调解法》制定之前由国务院制定《行政调解条例》,建立较为完整的行政调解法律制度,国务院行政法规制定以前,各省、自治区、直辖市人大常委会可以先行制定行政调解的地方性法规,将行政调解纳入法治轨道。进而,本文围绕构建我国行政调解法律制度,对我国行政调解的概念界定、行政调解主体、行政调解的范围、行政调解的基本原则、行政调解的程序和行政调解协议的法律效力等问题进行了较为系统的探讨。     

台湾地区姑息医学制度的建立及法律实践

姑息治疗在提高晚期癌症患者生活质量、实施临终关怀、给予病人及其家属全面周到的照顾诸方面起着重要作用。在台湾,已为姑息治疗立法并实施了10年,积累了丰富的经验。这项法律本身及其细则、附件等配套文件使姑息治疗更加规范可行。研究规范的姑息治疗及台湾的相关法律可以帮助我们更好的理解姑息治疗的理念,帮助发展大陆同道构建有效实用的...     

Pupillometry reveals processing load during spoken language comprehension

This study investigated processing effort by measuring peoples’ pupil diameter as they listened to sentences containing a temporary syntactic ambiguity. In the first experiment, we manipulated prosody. The results showed that when prosodic structure conflicted with syntactic structure, pupil diameter reliably increased. In the second experiment, we manipulated both prosody and visual context. The results showed that when visual context was consistent with the correct interpretation, prosody had very little effect on processing effort. However, when visual context was inconsistent with the correct interpretation, prosody had a large effect on processing effort. The interaction between visual context and prosody shows that visual context has an effect on online processing and that it can modulate the influence of linguistic sources of information, such as prosody. Pupillometry is a sensitive measure of processing effort during spoken language comprehension.     

Die Rechtsansichten der Eurasier -- Rechtsordnung oder Wertordnung?

In their juridical doctrines, the members of the Evrazijstvo movement advocated the idea of a Russian special path criticizing at the same time the formalism and coldness of the western conception of law, based principally on Roman law. Their views are characterized by an evident priority accorded to justice over law, to the order of values over legal order.     

PRiME: Integrating professional responsibility into the engineering curriculum

Engineering educators have long discussed the need to teach professional responsibility and the social context of engineering without adding to overcrowded curricula. One difficulty we face is the lack of appropriate teaching materials that can fit into existing courses. The PRiME (Professional Responsibility Modules for Engineering) Project (http://www.engr.utexas.edu/ethics/primeModules.cfm) described in this paper was initiated at the University of Texas, Austin to provide web-based modules that could be integrated into any undergraduate engineering class. Using HPL (How People Learn) theory, PRiME developed and piloted four modules during the academic year 2004–2005. This article introduces the modules and the pilot, outlines the assessment process, analyzes the results, and describes how the modules are being revised in light of the initial assessment. In its first year of development and testing, PRiME made significant progress towards meeting its objectives. The PRiME Project can strengthen engineering education by providing faculty with an effective system for engaging students in learning about professional responsibility. An earlier version of this paper was presented at the 2005 conference, Ethics and Social Responsibility in Engineering and Technology, Linking Workplace Ethics and Education, co-hosted by Gonzaga University and Loyola Marymount University, Los Angeles, CA, USA, 9–10 June 2005.     

Temporal context in concurrent chains: I. Terminal-link duration

Two experiments are reported in which the ratio of the average times spent in the terminal and initial links (Tt/Ti) in concurrent chains was varied. In Experiment 1, pigeons responded in a three-component procedure in which terminal-link variable-interval schedules were in constant ratio, but their average duration increased across components by a factor of two. The log initial-link response ratio was a negatively accelerated function of Tt/Ti. Overall, the data were well described by Grace's (1994) contextual choice model (CCM) with temporal context represented as (Tt/Ti)k or 2Tt/(Tt + Ti), and by Mazur's (2001) hyperbolic value-added model (HVA), with each model accounting for approximately 93% of the variance. In Experiment 2, fixed-parameter predictions for each model were generated, based on the data from Experiment 1, for conditions in which Tt/Ti was varied over a more extreme range. Data were consistent with the predictions of CCM with temporal context represented as 2Tt/(Tt + Ti) and to a lesser extent as (Tt/Ti)k, but not with HVA. Overall, these results suggest that preference increases as a hyperbolic function of Tt/Ti when terminal-link duration is increased relative to initial-link duration, with the terminal-link schedule ratio held constant.     

Suggestibility, social support, and memory for a novel experience in young children

This study examined 5- and 6-year-olds' suggestibility and interviewer demeanor as joint predictors of their memory for a novel experience. Session 1 consisted of children taking part in a novel laboratory event. Session 2 took place after approximately a 1-week delay and consisted of children completing both a memory test concerning what happened during the prior event and the Video Suggestibility Scale for Children (VSSC). During the second session, the interviewer behaved either supportively or nonsupportively. Greater acquiescence on the VSSC was associated with fewer correct responses to misleading questions about the laboratory event in the supportive and nonsupportive conditions and with more errors in response to specific questions in the nonsupportive condition. Results indicate that individual differences in children's suggestibility are related to the accuracy of their memory for separate events, although some of these relations may vary depending on the context in which children are interviewed.     

AI &; Law,Logic and Argument Schemes

This paper reviews the history of AI & Law research from the perspective of argument schemes. It starts with the observation that logic, although very well applicable to legal reasoning when there is uncertainty, vagueness and disagreement, is too abstract to give a fully satisfactory classification of legal argument types. It therefore needs to be supplemented with an argument-scheme approach, which classifies arguments not according to their logical form but according to their content, in particular, according to the roles that the various elements of an argument can play. This approach is then applied to legal reasoning, to identify some of the main legal argument schemes. It is also argued that much AI & Law research in fact employs the argument-scheme approach, although it usually is not presented as such. Finally, it is argued that the argument-scheme approach and the way it has been employed in AI & Law respects some of the main lessons to be learnt from Toulmin’s The Uses of Argument.     

How pigeons discriminate the relative frequency of events.

This study examined how pigeons discriminate the relative frequencies of events when the events occur serially. In a discrete-trials procedure, 6 pigeons were shown one light nf times and then another nl times. Next, they received food for choosing the light that had occurred the least number of times during the sample. At issue were (a) how the discrimination was related to two variables, the difference between the frequencies of the two lights, D = nf - nl, and the total number of lights in the sample, T = nf + nl; and (b) whether a simple mathematical model of the discrimination process could account for the data. In contrast with models that assume that pigeons count the stimulus lights, engage in mental arithmetic on numerons, or remember the number of stimuli, the present model assumed only that the influence of a sample stimulus on choice increases linearly when the stimulus is presented, but decays exponentially when the stimulus is absent. The results showed that, overall, the pigeons discriminated the relative frequencies well. Their accuracy always increased with the absolute value of the difference D and, for D > 0, it decreased with T. Performance also showed clear recency, primacy, and contextual effects. The model accounted well for the major trends in the data.     

Olfactory context and memory retrieval in 3-month-old infants

Three experiments examineed whether olfactory stimuli can produce context-dependent effects in infant memory. In eash, 3-month-old infants learned to kick to control the movement of an overhead modile in the presence of an ambient odor. Retention was assessed 1, 3, or 5 days later. During the retention test, the olfactory context was either the same odor, a different odor, or “no odor.” At 1 day, infants exhibited retention when tested in the presence of the same odor. Infants in the no odor condition exhibited partial retention, whereas memory retrieval was completely disrupted for infants tested in the presence of the different odor. After the 3- and 5-day intervals, all groups showed forgetting. These results were not consistent with recent studies of 3-month-old infants trained and tested in the presence of a distinctive visual and auditory context. The findings suggest that olfactory stimuli are a silent feature of the environment for 3-month-old infants, but that they function as context cues in a way that differs from other sensory modalities.