1,008 research outputs found

    Theories on Negligent Co-perpetrators: An Overview I

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    Among the theoretical doctrines of negligent co-perpetrators, there are positive theories and negative theories on the existence of negligence co-perpetrators. The development of theories on negligent co-perpetrators has generally gone through four phases, during which the positive theory and the negative theory oppose each other all the time and prevail over each other alternately. This article intends to explore the evolution and present situation of research into the negligent co-perpetrators in criminal law theories by discussing the negative theory on co-perpetrators, with an aim to provide inspiration for the research on negligent co-perpetrators

    Reliance Principle in Japanese Medical Criminal Law

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    Reliance principle (信頼の原則) limits the scope of criminal negligence. In medical cases, this principle protects medical practitioners from excessive criminal accusations. On the other hand, if this principle is easily accessed, the medical practitioner will possess improper privilege which impairs patients’ right to live and healthy well-being. Therefore, it is necessary to set appropriate preconditions for the application of the reliance principle to protect both medical practitioners’ interests and patients’ interests. However, the predominant opinion on the prerequisites of the reliance principle in Japan has irrationalities. The standards of clear division of labor (分業の原則) and substantive trust (実質的信頼関係) does not suit the current health care system. Also, the significance of no supervisory duty (監督義務) was overlooked. This paper intended to fill the gap by using legal case studies and theories analysis to show that (1) in general medical cases, clear division of labor is not a reason to negate the reliance principle; (2) the standards of substantive trust can be replaced by the compliance with the medical norms; (3) supervisory duty negates the reliance principle. Additionally, for the rationality of the duty of foreseeability (予見義務) and avoidance (回避義務), the reliance principle is located in the position of foreseeability(予見可能性). In summary, this paper aims at improving the preconditions of the reliance principle to promote the usage of the reliance principle in judicial practice and to clear the position of the reliance principle in the theoretical system of crime

    過失犯の共同正犯について : 医療過失事件を契機として

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    広島大学(Hiroshima University)博士(法学)Doctor of Lawsdoctora

    SU(N) Heisenberg model with multi-column representations

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    The SU(N)\mathrm{SU}(N) symmetric antiferromagnetic Heisenberg model with multi-column representations on the two-dimensional square lattice is investigated by quantum Monte Carlo simulations. For the representation of Young diagram with two columns, we confirm that a valence-bond solid order appears as soon as the N\'eel order disappears at N=10N = 10 indicating no intermediate phase. In the case of the representation with three columns, there is no evidence for both of the N\'eel and the valence-bond solid ordering for N15N\ge 15. This is actually consistent with the large-NN theory, which predicts that the VBS state immediately follows the N\'eel state, because the expected spontaneous order is too weak to be detected.Comment: 5 pages, 5 figure

    Inferring Social Status and Rich Club Effects in Enterprise Communication Networks

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    Social status, defined as the relative rank or position that an individual holds in a social hierarchy, is known to be among the most important motivating forces in social behaviors. In this paper, we consider the notion of status from the perspective of a position or title held by a person in an enterprise. We study the intersection of social status and social networks in an enterprise. We study whether enterprise communication logs can help reveal how social interactions and individual status manifest themselves in social networks. To that end, we use two enterprise datasets with three communication channels --- voice call, short message, and email --- to demonstrate the social-behavioral differences among individuals with different status. We have several interesting findings and based on these findings we also develop a model to predict social status. On the individual level, high-status individuals are more likely to be spanned as structural holes by linking to people in parts of the enterprise networks that are otherwise not well connected to one another. On the community level, the principle of homophily, social balance and clique theory generally indicate a "rich club" maintained by high-status individuals, in the sense that this community is much more connected, balanced and dense. Our model can predict social status of individuals with 93% accuracy.Comment: 13 pages, 4 figure