论我国保护森林资源刑事立法的完善

目前我国破坏森林资源的犯罪仍处于高发阶段,且形式多样.虽然我国刑法确立了非法采伐、毁坏正规林木罪等罪名,但不足以遏制此类犯罪的发展势头,因此,进一步完善此类犯罪的刑罚体系及其相关制度应成为刑事立法的重点.     

市政公用特许经营法律属性的探讨

本文通过分析市政公用特许经营行政许可和民事行为的特点，得出市政公用特许经营具有行政许可和民事经济行为的双重法律属性的结论，并尝试提出了在项目实际操作中如何正确处理这种特殊性的方法。     

INFLUENCE OF TWO WOODY RIPARIAN SPECIES ON CRITICAL CONDITIONS FOR STREAMBANK STABILITY: UPPER TRUCKEE RIVER,CALIFORNIA1

Over the past 35 years, a trend of decreasing water clarity has been documented in Lake Tahoe, attributable in part to the delivery of fine grained sediment emanating from upland and channel erosion. A recent study showed that the Upper Truckee River is the single largest contributor of sediment to Lake Tahoe, with a large proportion of the sediment load emanating from streambanks. This study combines field data with numerical modeling to identify the critical conditions for bank stability along an unstable reach of the Upper Truckee River, California. Bank failures occur during winter and spring months, brought on by repeated basal melting of snow packs and rain‐on‐snow events. Field studies of young lodgepole pines and Lemmon's willow were used to quantify the mechanical, hydrologic, and net effects of riparian vegetation on streambank stability. Lemmon's willow provided an order of magnitude more root reinforcement (5.5 kPa) than the lodgepole pines (0.5 kPa); the hydrologic effects of the species varied spatially and temporally and generally were of a smaller magnitude than the mechanical effects. Overall, Lemmon's willow provided a significant increase in bank strength, reducing the frequency of bank failures and delivery of fine grained sediment to the study reach of the Upper Truckee River.     

WATERSHED SCALE INVENTORY OF EXISTING RIPARIAN BUFFERS IN NORTHEAST MISSOURI USING GIS1

An observational study was conducted at the watershed scale using land cover (vegetation) data to assess the absence or presence of riparian buffers in three northeastern Missouri watersheds. Forests and grasslands lying within a 61 m (200 ft) parallel band directly adjacent to streams were considered “buffers” for improving or protecting water quality and were characterized according to their length, width, and vegetation type. Results indicated that riparian buffers were abundant throughout the watersheds but were typically narrow along first‐order and second‐order streams; in many cases they may not have been wide enough to provide adequate stream protection. At least 90 percent of all streams had buffer vegetation immediately adjacent to the streambanks, but as few as 31 percent of first‐order streams had buffers extending to 61 m from the stream on at least one side. On‐site evaluations are needed to determine the condition of these forests and grasslands and their ability to process nonpoint source pollutants. The results will be useful for providing natural resource managers with knowledge of current watershed conditions as well as in identifying specific locations for future conservation efforts within each watershed.     

A PRACTICAL GUIDE FOR THE DEVELOPMENT OF A WETLAND ASSESSMENT METHOD: THE CALIFORNIA EXPERIENCE1

Wetland rapid assessment methods (RAMs) can provide a cost effective, scientifically defensible estimate of wetland and riparian condition for use in ambient and project monitoring in resource management and regulatory programs. Those who have chosen to develop a RAM to assess wetland and riparian condition are faced with a range of issues and important choices that they must make throughout the development process. This paper is intended as a practical guide to RAM development. Six basic stages in the RAM development process are discussed: (1) organize RAM development by identifying the intended applications, assessment endpoints, and geographic scope of the RAM and forming appropriate teams to advise and review the development process and its products; (2) build a scientific foundation for method development by conducting a literature review, choosing a wetland classification system, building conceptual models, and identifying the major assumptions underlying the model; (3) assemble the method as a system of attributes and metrics that describe a full range of conditions; (4) verify the ability of the method to distinguish between wetlands along a continuum of conditions; (5) calibrate and validate the method against sets of quantitative data representing more intensive measures of wetland condition; and (6) implement the method through outreach and training of the intended users. Important considerations within each of these stages lead to choices in accuracy, precision, robustness, ease of use, and cost. These are identified and the tradeoffs of the various options discussed. Experience with the ongoing development and implementation of the California Rapid Assessment Method (CRAM) is used to illustrate these stages and associated choices in RAM development.     

HABITAT AND FISH RESPONSES TO MULTIPLE AGRICULTURAL BEST MANAGEMENT PRACTICES IN A WARM WATER STREAM1

ABSTRACT: Thirteen years of annual habitat and fish sampling were used to evaluate the response of a small warm water stream in eastern Wisconsin to agricultural best management practices (BMPs). Stream physical habitat and fish communities were sampled in multiple reference and treatment stations before, during, and after upland and riparian BMP implementation in the Otter Creek subwatershed of the Sheboygan River watershed. Habitat and fish community measures varied substantially among years, and varied more at stations that had low habitat diversity, reinforcing the notion that the detection of stream responses to BMP implementation requires long term sampling. Best management practices increased substrate size; reduced sediment depth, embeddedness, and bank erosion; and improved overall habitat quality at stations where a natural vegetative buffer existed or streambank fencing was installed as a riparian BMP. There were lesser improvements at locations where only upland BMPs were implemented. Despite the habitat changes, we could not detect significant improvements in fish communities. It is speculated that the species needed to improve the fish community, mainly pollution intolerant species, suckers (Castomidae), and darters (Percidae), had been largely eliminated from the Sheboygan River watershed by broadscale agricultural nonpoint source pollution and could not colonize Otter Creek, even though habitat conditions may have been suitable.     

MODELING THE EFFECTS OF VARIABLE ANNUAL FLOW ON RIVER CHANNEL MEANDER MIGRATION PATTERNS,SACRAMENTO RIVER,CALIFORNIA, USA1

ABSTRACT: Flow regulation impacts the ecology of major rivers in various ways, including altering river channel migration patterns. Many current meander migration models employ a constant annual flow or dominant discharge value. To assess how flow regulation alters river function, variable annual flows ‐ based on an empirical relationship between bank erosion rates and cumulative effective stream power ‐ were added into an existing migration model. This enhanced model was used to evaluate the potential geomorphic and ecological consequences of four regulated flow scenarios (i.e., different hydrographs) currently being proposed on the Sacramento River in California. The observed rate of land reworked correlated significantly with observed cumulative effective stream power during seven time increments from 1956 to 1975 (r²= 0.74, p = 0.02). The river was observed to rework 3.0 ha/yr of land (a mean channel migration rate of 7.7 m/yr) with rates ranging from 0.8 ha/yr to 5.1 ha/yr (2.0 to 13.3 m/yr), during the analyzed time periods. Modeled rates of land reworked correlated significantly with observed rates of land reworked for the variable flow model (r²= 0.78, p = 0.009). The meander migration scenario modeling predicted a difference of 1 to 8 percent between the four flow management scenarios and the base scenario.     

RIPARIAN MICROCLIMATE AND STREAM TEMPERATURE RESPONSE TO FOREST HARVESTING: A REVIEW1

Forest harvesting can increase solar radiation in the riparian zone as well as wind speed and exposure to air advected from clearings, typically causing increases in summertime air, soil, and stream temperatures and decreases in relative humidity. Stream temperature increases following forest harvesting are primarily controlled by changes in insolation but also depend on stream hydrology and channel morphology. Stream temperatures recovered to pre‐harvest levels within 10 years in many studies but took longer in others. Leaving riparian buffers can decrease the magnitude of stream temperature increases and changes to riparian microclimate, but substantial warming has been observed for streams within both unthinned and partial retention buffers. A range of studies has demonstrated that streams may or may not cool after flowing from clearings into shaded environments, and further research is required in relation to the factors controlling downstream cooling. Further research is also required on riparian microclimate and its responses to harvesting, the influences of surface/subsurface water exchange on stream and bed temperature regimes, biological implications of temperature changes in headwater streams (both on site and downstream), and methods for quantifying shade and its influence on radiation inputs to streams and riparian zones.     

SUSPENDED SEDIMENT DYNAMICS IN SMALL FOREST STREAMS OF THE PACIFIC NORTHWEST1

This paper reviews suspended sediment sources and transport in small forest streams in the Pacific Northwest region of North America, particularly in relation to riparian management. Mass movements, reading and yarding practices, and burning can increase the supply of suspended sediment. Sediment yields recovered to pre‐harvest levels within one to six years in several paired catchment studies. However, delayed mass movements related to roads and harvesting may produce elevated suspended sediment yield one or more decades after logging. There is mixed evidence for the role of streamside tree throw in riparian buffers in supplying sediment to streams. Harvesting within the riparian zone may not increase suspended sediment yield if near stream soils are not disturbed. Key knowledge gaps relate to the relative roles of increased transport capacity versus sediment supply, the dynamics of fine sediment penetration into bed sediments, and the effects of forest harvesting on suspended sediment at different scales. Future research should involve nested catchments to examine suspended sediment response to forest practices at multiple spatial scales, in combination with process‐based field studies.     

21世纪法学教学方程式

21世纪是知识经济时代、循环经济时代、经济全球化时代和法律全球化时代.要打造21世纪合格的法律人,法学院应打破传统的教学模式,重组教育资源,重构新的教学方程式,重排学科体系矩阵图,创建全新的教师-教的模式、学生-学的模式,以应对西方教育的入侵.