论法治进程中的正当程序

法治的实现有赖于法治要素的具备,而正当程序有助于法治要素的满足。法治社会应具有的正当程序理念是:正当程序是对人权的尊重和保护,是实现正义的重要途径,程序正义优先于实体正义。     

对消防行政处罚法律依据适用冲突的思考

消防行政处罚是消防执法中大量运用的一种执法行为,在处罚时存在法律依据的适用冲突。对“过失引起火灾,尚未造成严重损失”的消防行政处罚在适用时的法律冲突进行了思考,以便能够更好地执行处罚法定的原则。     

Why did Sudan Lose a small war in Southern Sudan?

ABSTRACT

When on the wrong end of an asymmetry in the projection of hard power, weaker sides countenance the grim arithmetic of avoiding direct and massed confrontations. Invariably, insurgents have over the ages tended to employ indirect tactical methods to render their stronger opponents ineffective. Ultimately – interest asymmetry, regime type, asymmetries of strategy, and external intervention – combine in a complex interplay and pattern, to militate against a strong side. In Sudan, these factors interacted throughout the civil wars to produce regional autonomy and finally an independent South Sudan in 2011. Similar strategic logic had confronted many large African states battling insurgencies in Ethiopia, Angola, Nigeria, Zaire, and apartheid-era South Africa. Oftentimes, weakening public resolve has caused these governments to accommodate, capitulate or withdraw even if they try not to blink. Notwithstanding the regime type, it can be concluded that the majority of strong actors are prone to fail in a protracted, asymmetric conflict. Hence, the notion of linking victory in counterinsurgency to the degree of openness (democratic polyarchies); or closeness (totalitarianism) – is still valid but highly contestable in the case of Africa’s large dysfunctional states.     

Croatia's bitter harvest: Total National Defence's role in the Croatian War of Independence

Croatia's successful bid for independence was one of the defining moments of the immediate post-Cold War period. Nevertheless, the means that Croatia used to obtain independence remains relatively unexamined by academics. This article focuses on the early period of Croatia's bid for secession, and specifically the role that Yugoslavia's policy of Total National Defence played in facilitating its independence. Unlike in Slovenia, where the legacies of Total National Defence facilitated Slovenia's bid for secession, in Croatia the decision of its political leaders meant that the country largely neglected its positive legacies, resulting in a protracted four-year struggle.     

The practice and theory of British counterinsurgency: the histories of the atrocities at the Palestinian villages of al-Bassa and Halhul, 1938–1939

This article details two largely unreported atrocities by British forces operating against Arab rebels during the Arab revolt, 1936–9, at the Palestinian villages of al-Bassa and Halhul. It then examines the military-legal system that underpinned and authorised British military forces operating in aid of the civil power, suggesting that the law in place at the time allowed for a level of reprisals and punitive actions, such as happened at al-Bassa and Halhul. The article does not conclude that the law allowed for atrocities but it does argue that it gave a basic form and understanding to an operational method that was brutal and could lead to atrocities. It thus tests the idea in much of the literature on counterinsurgency that the British were restrained and used minimum force when compared to other colonial and neo-colonial powers fighting insurgents.     

超高速碰撞形成一次碎片云特性

对超高速碰撞数值模拟方法进行了讨论.采用ANSYS/AUTODYN程序的SPH方法,对球形弹丸超高速撞击时弹丸的破碎、碎片云的形成及扩展过程进行数值模拟,其结果与实验结果进行比较,并验证了计算方法和模型参数的正确性.在此基础上采用数值模拟方法,对钨合金、轧制均质装甲及LY12铝三种材料的球形弹丸超高速撞击靶板之后形成的一次碎片云形貌及演化规律进行了研究,并基于量纲分析方法得出了碎片云特征参数(碎片云头部速度、径向最大膨胀速度及膨胀角)随初始撞击条件的变化规律。     

Baixa do Cassang: Ending the abuse of Portuguese Africans

On 4 January 1961 in Baixa do Cassange, in the north of Angola, the blacks who worked in the cotton fields began a strike. The army with air support was called to quell the rebellion, and the article emphasizes the importance of air support tethered to the ground forces, particularly in a remote and vast area of operations in the tropical rainy season. In this case, the support originally came in the form a squadron of Lockheed PV-2 Harpoons from Luanda, some 300 kilometers away. These open-ocean reconnaissance aircraft and their crews were ill-suited for the task. When this became apparent, four small Auster D5/160s were relocated from Negage to Malange, among the ground forces. The Austers flew reconnaissance missions over the troubled zones, dropped provisions and messages to the advancing ground forces, and served as a backup communications link. When the strike ceased after three weeks, the Austers assumed a humanitarian role in support of the starving population. The conclusion is that air support to ground forces is indispensable, must be properly tailored to the job, and must operate as an integral part of the ground forces.     

中制导虚拟目标的定位参数研究

基于虚拟目标的优化导引中制导拦截弹道轨迹及其能耗与虚拟目标的位置紧密相关,决定该位置的参数包括中末制导交班距离和视场基准角等.首先研究了弹道特性随定位参数的变化规律并提出通过滚转实现视场基准角的负取值,在此基础上得出满足多约束条件的虚拟目标定位参数的设置方法.利用该方法所产生的虚拟目标与相应的优化导引律结合,可以很好地满足中制导的要求.     

基于变结构方法的空空导弹鲁棒逆控制律设计

为克服动态逆控制严重依赖被控对象精确数学模型且鲁棒性较差的缺点,将动态逆与变结构方法相结合采用双环结构设计了空空导弹鲁棒动态逆控制律.将导弹飞行状态划分成快慢2个回路,慢回路(外环)采用变结构控制,并设计扩张状态观测器,对外环中的不确定性进行估计;快回路(内环)采用动态逆控制.仿真结果表明,所设计的控制律具有较好的动态特性和鲁棒性能.     

从王安石变法看政策执行的必备要素

政策的执行是一项系统性工作,其中领导者的综合素质、直达基层的领导骨干、及时高效的反馈机制、牢靠的群众基础以及周密配套的实施方案,都是政策执行的必备要素。讨论政策执行的必备要素,对于政策的执行乃至当前的改革,都具有非常重要的现实意义。