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行政诉讼受案范围问题是我国行政诉讼理论中较为薄弱的一环。自1982年创建行政诉讼制度以来 ,我国行政诉讼受案范围几经调整 ,在总体上呈现出逐步扩大的态势。但是 ,在行政诉讼受案范围的立法体例、可诉行政行为的范围、行政诉讼的权利保护范围、行政诉讼的审查范围等四个方面依然存有缺陷 ,致使行政诉讼受案范围受到了诸多不适当的限制 ,司法权对行政权的制约和行政管理相对人合法权益的保护均显不足。因此 ,必须针对上述四个方面的缺陷 ,适度拓宽行政诉讼受案范围。 相似文献
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我国行政诉讼受案范围应予扩大 总被引:7,自引:0,他引:7
行政诉讼法实施以来,在保护公民、法人或其他组织的合法权益,监督行政机关依法行政等方面发挥了重要的作用。但是,不可否认,由于包括行政诉讼受案范围在内等方面的规定有诸多不尽周全之处,致使行政诉讼在监督行政机关依法行政方面没有充分发挥作用。本文的目的就在于探讨我国行政诉讼受案范围的扩大,以就教于专家学者。一、摒弃内涵不清的一些抽象概念,明确行政诉讼的受案范围。研究行政诉讼法规定的受案范围,不难发现立法时主要考虑了三个方面的因素。第一,引起争议行为的性质,这其中又包括三个方面:首先,是具体行政行为还是抽… 相似文献
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行政诉讼受案范围是我国行政诉讼法中的一个热点问题,自创建行政诉讼制度以来,我国行政诉讼受案范围几经调整,在总体上呈现出逐步扩大的态势。但是,在行政诉讼受案范围的立法体制,可诉行政行为的范围,以及双方行政关系中行政合同可诉性问题等几个方面依然存有缺陷,致使行政诉讼受案范围受到了诸多不适当的限制。这些规定既限制了行政相对人的诉权,也严重阻碍了我国行政诉讼和行政审判的发展,因此,必须针对上述几方面的缺陷,适度拓展行政诉讼受案范围。 相似文献
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劳动教养制度及其改革 总被引:9,自引:0,他引:9
劳动教养制度在其性质、适用对象与范围、审批与管理等方面经历了一个发展变化的过程 ;目前劳动教养制度存在较为严重的问题 ,不利于保障人权 ;应当将劳动教养制度改革为带有保安处分性质的治安处分 ,并相应完善其适用对象与范围、期限、管理与救济等方面的规定。 相似文献
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基因专利保护范围边界的确定是当前生物科技专利领域中争论的焦点之一。专利保护范围决定着专利垄断权的实际价值,基因专利保护范围直接影响着生物技术产业的发展。主要梳理美国、德国、瑞士和日本在基因专利保护范围上的发展变迁趋势,同时初步探讨对我国基因专利保护范围界定方面给予的启示。 相似文献
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本文分析了海峡两岸在商标审批制度、商标权保护范围、商标纠纷处理等方面的差异,从而提出了台商投资在商标保护方面应注意的几个事项。 相似文献
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Montali E Mercuri AM Trevisan Grandi G Accorsi CA 《Forensic science international》2006,163(3):211-223
A palynological study was carried out on 28 corpses brought in one year (June 2003-May 2004) to the morgue of the Institute of Legal Medicine of Parma (Northern Italy). This preliminary research focuses on the date of death, which was known for all corpses examined. Pollen sampling and analyses were made with the first aim of comparing the pollen grains found on corpses with those diffused in the atmosphere in the region in the same season as the known date of death. Eyebrows, hair-line near the forehead, facial skin and nasal cavities were sampled. Most of the corpses had trapped pollen grains, with the exception of two December corpses. All pollen grains were found with cytoplasm and in a good state of preservation. In this way, a series of reference data was collected for the area where the deaths occurred, and we examined whether pollen grains on corpses could be an index of the season of death. To verify this hypothesis, the pollen analyses were compared with data reported in the airborne pollen calendars of Parma and the region around. Pollen calendars record pollen types and their concentrations in the air, month by month. The quantity of pollen recorded on corpses did not prove to be directly related to the quantity of pollen in the air. But qualitatively, many pollen types which are seasonal markers were found on corpses. Main corpse/air discrepancies were also observed due to the great influence that the local environmental conditions of the death scene have in determining the pollen trapped by a corpse. Qualitative plus quantitative pollen data from corpses appeared helpful in indicating the season of death. A preliminary sketch of a "crime pollen calendar" in a synthetic graphic form was made by grouping the corpse pollen records into three main seasons: A, winter/spring; B, spring/summer; C, summer/autumn. Trends match the general seasonal trend of pollen types in the air. 相似文献
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In a case of alleged sexual assault, the pollen content of samples of grass clippings and soil from the suspect's clothing and shoes was compared to that of a sample of grass clippings from the alleged crime scene (a grassy area) to determine whether or not the suspect had been at the scene. The clothing and shoe samples showed a very strong correlation with each other and with the sample from the alleged crime scene in the combination of the different types of pollen present, very strongly supporting the contention that the suspect had been at the scene. 相似文献
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Karl J. Reinhard Ph.D. Marina Milanello do Amaral M.S. Nicole Wall M.F.S. 《Journal of forensic sciences》2018,63(1):244-250
Pollen analysis was applied to a mummified homicide victim in Nebraska, U.S.A., to determine the location of death. A control sample showed the normal ambient pollen in the garage crime scene. Ambient windborne types, common in the air of the region, dominated the control. Internal samples were analyzed from the sacrum, intestine, and diaphragm. Microfossils were recovered from the rehydrated intestine lumen. The intestinal sample was dominated by Brassica (broccoli). The sacrum sample was high in dietary types but with a showing of ambient types. The pollen from the diaphragm was dominated by ambient pollen similar to the control samples. The discovery of diverse pollen spectra from within a single mummy was unexpected. They show that ingested and inhaled pollen mixed in the corpse. The data linked the decedent to a specific crime scene in her Nebraska home in the southern tier of eastern counties on the border with Kansas. 相似文献
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The United States of America would seem to be an excellent location for using pollen data in forensic applications. The vegetation within the region is highly diverse ranging from areas of Arctic tundra to some of the most inhospitable deserts anywhere in the Western Hemisphere. The highly varied ecology, great plant diversity, thousands of vegetational microhabitats, and extensive published pollen records for the region provide an ideal setting for these types of analyses. This diversity, often characterized in most locations by unique combinations of pollen types, makes the use of forensic pollen a reliable technique that can often be used to associate individuals with a unique crime scene or geographical region. Nevertheless, forensic pollen studies in the United States of America are currently one of the most highly under utilized techniques available to assist in solving criminal and civil cases. During the past century there has been a very limited attempt to use pollen evidence in either criminal or civil cases, for a variety of reasons, including a lack of available information about the technique, a very limited number of specialists trained to do forensic pollen work, and an almost total absence of academic centers able to train needed specialists or forensic facilities able, or willing, to fund research in this area. Hopefully, this paucity of use will change if certain steps are taken to encourage the routine collection and use of pollen evidence in both criminal and civil cases. 相似文献
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Mark O. Ezegbogu 《Science & justice》2021,61(3):205-213
The forensic analysis of pollen involves the comparison of crime scene and reference pollen samples. Successful matches are frequently used to solve time- or location-related crimes. Despite its prospects in criminal investigation, forensic palynology is still underused in casework due to inherent shortcomings such as its limited evidential weighting, scarcity of skilled palynologists dedicated to forensic casework and the laborious nature of analytical procedures. To address these challenges, the current state-of-the-art in forensic palynology is transiting from the traditional light microscopic methods that dominated the early days of palynology to more contemporary approaches like Raman spectroscopy, stable isotope analysis and DNA metabarcoding. The major challenges of these methods, however, include a lack of optimisation to forensic expectations and the unavailability of robust databases to permit accurate data interpretation, and quests to resolve these problems constitute the theme of current research. While reiterating the usefulness of pollen analysis in criminal investigation, this report recommends orthogonal testing as a way of improving the evidential weighting of forensic palynology. 相似文献
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The research reported in this article sought to estimate the feasibility of measuring patterns of forgetting and forward telescoping in victimization survey data. It was suggested that if these two sources of memory bias could be accurately and reliably measured, victimization survey data could be adjusted to produce improved estimates of both the amount of crime and of changes in the crime rate over time. Examination of the data suggests that the likelihood of developing a general model for correcting mnemonic biases is very low. ll?is conclusion follows from: (I) evidence indicating differential victimization survey recall across reported and unreported crime events; (2) the apparent dissimilarities of telescoping/forgetting patterns across samples and seasons; and (3) the lack of a stable comparison estimate of the “true” distribution of incidents with which to calibrate a correction model. 相似文献
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Mildenhall DC 《Forensic science international》2006,163(3):236-240
Forensic palynology is a useful source of evidence in cases of violence committed in the open. A young girl was grabbed off the street, threatened and brutally raped. During the investigation the exact place of the rape became an issue. Growing around the scene identified by the victim were shrubs identified as Coprosma, a common New Zealand plant and one that produces abundant, easily wind-dispersed pollen. Abundant Coprosma pollen was found at the scene. The pollen were unusual in that the site was very damp, encouraging fungal growth, and fungal hyphae had penetrated the pores of many of the tricolporate pollen grains. Some grains had fungal spores inside. Coprosma pollen identical in preservational characteristics and morphology to those from the scene and containing fungal hyphae and spores were found in considerable numbers on the victim's clothes. This and rare Coprosma pollen grains and fungal remains recovered from vaginal swabs provided evidence that she had been at the scene where she claimed to have been raped. The diversity of pollen types recovered from the clothing in this case provides further evidence of the usefulness of clothing in picking up and retaining pollen from crime scenes and that obvious staining on clothes is not a pre-requisite for good pollen recovery. It also demonstrates the importance of collecting samples from different parts of the same garment in order to get a full picture of events since different parts of a garment can come into contact with different plants or different parts of the ground in a scuffle. It is also demonstrated that significant evidential material can be collected from the body, in this case from vaginal swabs from the victim. Forensic palynology should be considered in every case of violent assault, especially, but not exclusively, when having occurred in an open area subject to extensive pollen settlement. 相似文献
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背信罪是伴随资本主义市场经济的发展和社会化的高度分工而出现的罪名。我国《刑法》分则中存在众多而零散的背信犯罪条文,但条文设计却具有相当的随意性,而且偏向于对国有公司、企业的特殊保护。我国已经进入市场经济时代,为有效保护法益,增设背信罪势在必行。通过条文的合理设计,完全可以避免背信罪成为新的口袋罪而侵犯人权。在增设背信罪之前,我们应当充分运用竞合论原理,将背信犯罪行为作为侵占罪、职务侵占罪、诈骗罪、故意毁坏财物罪等相应犯罪处理。评价背信行为造成的财产损害,应采取经济的财产说,原则上不处罚背信犯罪行为的片面对向犯。 相似文献
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空白罪状是成文法系国家突破以往在刑法中只规定自然犯的传统,越来越多地规定法定犯的必然结果。作为刑事违法判断前提条件,空白罪状对罪与非罪的界定具有重要的作用。我国新刑法创空白罪状历史最高,然其空白规范位阶相差悬殊,因此有必要从罪刑法定角度关注空白罪状及其规范的位阶问题,以增强空白罪状作为“违法性判断的前提条件”的规范性和统一性。 相似文献