防卫意图是正当防卫理论的短板

正当防卫理论中的防卫意图,对于认定防卫人的行为是否成立正当防卫以及认定防卫过当行为的性质具有重要意义。然而,防卫意图这个主观要件已经成为正当防卫理论中的薄弱环节,司法实践也长期忽视防卫意图的评价功能。防卫意图不要说具有重大缺陷,在认定行为人的行为是否成立正当防卫时,仍应将防卫意图作为必不可少的构成要件。应将防卫意图理解为对意志因素的表达,即指行为人主观上制止不法侵害的愿望或追求。当防卫人制止不法侵害的行为明显超过必要限度时,若防卫人对此有明确认识,则不成立防卫过当,应以故意犯罪认定;反之,成立防卫过当。正当防卫意图的本质决定了防卫过当的行为属性是过失犯罪而非故意犯罪。     

Mineralization of mandibular third molars can estimate chronological age--Brazilian indices

Forensic age estimation is an important element of anthropological research, as it produces one of the primary sources of data that researchers use to establish the identity of a person living or the identity of unknown bodily remains. The aim of this study was to determine if the chronology of third molar mineralization could be an accurate indicator of estimated age in a sample Brazilian population. If so, mineralization could determine the probability of an individual being 18 years or older. The study evaluated 407 panoramic radiographs of males and females from the past 5 years in order to assess the mineralization status of the mandibular third molars. The evaluation was carried out using an adaptation of Demirjian's system. The results indicated a strong correlation between chronological age and the mineralization of the mandibular third molars. The results indicated that modern Brazilian generation tends to demonstrate an earlier mandibular third molar mineralization than older Brazilian generation and people of other nationalities. Males reached developmental stages slightly earlier than females, but statistically significant differences between the sex were not found. The probability that an individual with third molar mineralization stage H had reached an age of 18 years or older was 96.8-98.6% for males and females, respectively.     

创业文化与振兴东北老工业基地

创业文化是在一定的地域文化中孕育和发展的,是随着社会生产力和社会经济的发展而不断创新的。创业文化是推动社会生产力和社会经济发展的先进文化。东北地区不乏传统的创业文化,但却缺少适应市场经济发展需要的现代创业文化,因而振兴东北老工业基地必须首先振兴东北的创业文化。     

Detection of methamphetamine and amphetamine in a single human hair by gas chromatography/chemical ionization mass spectrometry

A detailed procedure of an extremely sensitive method for quantitation of methamphetamine and amphetamine in human hair by gas chromatography (GC)/chemical ionization (CI) mass spectrometry (MS) is presented. N-methylbenzylamine was used as an internal standard. The samples, after extraction with an organic solvent, were derivatized with trifluoroacetic anhydride before the GC/MS analysis. Quantitation was made with quasi-molecular ions of the derivatives by selected ion monitoring in the CI mode. The detection limit was about 10 pg in an injected volume. The high sensitivity enabled us to measure both stimulants in a single human hair in actual cases.     

论雇主的保护照顾义务

雇主的保护照顾义务在我国学界未受到足够的重视,世界各国对其性质也有不同的认识,本文在梳理其各种认识的同时,分析了赋予雇主保护照顾义务的法理依据,阐述了雇主保护照顾义务的内容及违反义务的损害赔偿责任。     

The effect of the presence and seating position of an interpreter on eliciting information and cues to deceit

The present experiment examined how the seating position of an interpreter during investigative interviews affects information elicitation and cues to deceit. A total of 60 native English speakers were interviewed in English and 200 non-native English speakers were interviewed in English (a non-native language) or through an interpreter who either sat next to the interviewer, behind the interviewee or interpreted via the telephone. Interviewees either lied or told the truth about a mock security meeting they watched. Interviewees who spoke in their native language provided more detail than interviewees who spoke in their native language through an interpreter or in a non-native language (English) without an interpreter. The latter groups did not differ. Additionally, the amount of detail differentiated truth tellers from liars in all conditions and interviewees found the presence of an interpreter to be a largely positive experience. The interpreter’s seating position had no effect on the findings.     

信赖原则及其在过失犯罪中的运用

信赖原则在过失犯罪理论中占据重要的地位 ,它是传统过失犯理论适应发展变化了的现实生活需要的必然结果。信赖原则对过失犯罪的认定、对过失犯罪行为人刑事责任的承担等具有重要的理论和实践意义。     

优化法院司法职权配置的理论反思

十七大报告提出的"优化法院司法职权配置",现成为我国司法改革领域的重要理论主题。对司法职权的分析实际上是对司法权的解读。法院司法职权是国家司法职权划分体系中的重要组成部分,它具有合法性、程序性、公正性、权威性等一系列特性。我国优化司法职权的工作已经走过了较长的历程,但仍然存在一些问题,影响着司法公正,值得我们反思。     

DETERRENCE EFFECTIVENESS MEASUREMENT

Abstract The controversy of statistical evaluation of effectiveness of the present criminal justice system and of specific programs or changes implemented in the existing system has in part centered around the value of crime-incidence data. The relationships between victimization and UCR or police-blotter data pertinent to their use in evaluation are first described. An example is presented using an empirical-stochastic model developed solely from UCR data to illustrate an approach to evaluation of system effectiveness. Here an ad hoc procedure is displayed which quantifies variation in and/or shifts in crime patterns after an intervention in the system.     

Online collaboration as a pedagogical approach to learning and teaching undergraduate legal education

Legal education is in a period of rapid development driven by changing industry demands and developing technologies. This paper will describe an innovative pilot study which utilises new technologies to provide an alternative mode of teaching and learning to meet growing industry demands for graduates who are technologically savvy and have strong communication and collaboration skills. The pilot study redesigns a law unit combining a more traditional approach with an approach in which online collaboration is critical to student learning as a teaching and assessment tool. After completing an online collaborative activity as part of their assessment for the unit, students completed an online survey to identify their perspectives of the online collaborative experience. The online survey data was analysed to identify common themes and the experiences of students are shared in this paper. The paper provides an example of how instructors might take advantage of a learning design process, online tools and infrastructure to develop educational experiences which promote communication and collaboration within the law discipline. It will also include five recommendations to consider when including online collaboration in unit design for law students.     

Examination of a "velasco" signature on an oil painting

In September 2003, an investor bought an oil painting at auction in Denmark. The painting was signed "José Maria Velasco." The investor attempted to sell the painting in the United States, but found that he needed confirmation that this was an authentic Velasco painting. The provenance of the painting was questionable because it came to Europe from Cuba without appropriate documentation including the date of its entry into the European market. If the signature was determined to be authentic, the painting would have an approximate value of 1 million dollars. Initial research on the life and works of the artist and a literature review resulted in the preparation of an "Art Worksheet." Known signature specimens were obtained from reputable sources. A comparison of the known signatures with the questioned signature concluded the questioned signature was very probably not executed by José Maria Velasco.     

A program analysis of Esuba: helping turn abuse around for inmates

This investigation is an empirical evaluation of Esuba, an abuse awareness program implemented in the Florida correctional system. Research has indicated a link between violent and abusive behavior and criminal activity. This study specifically addressed whether the Esuba program had an impact on offenders' self-esteem, stability of self, faith in people, and sensitivity to criticism as measured by the Rosenberg Self-Esteem Scale. The results from the application of the Esuba program to an incarcerated offender population are encouraging. The results suggest that the Esuba program does appear to significantly increase offenders' emotional self-preservation.     

Recovering erased digital evidence from CD-RW discs in a child exploitation investigation

The paper describes an innovative method used to recover digital images and videos from an evidentiary CD-RW disc that had been erased. The digital evidence had been erased by the subject of the investigation in an attempt destroy incriminating evidence of the crime. Without the recovery of the digital evidence, there would have been no conviction in the child exploitation case as there was no physical or testimonial evidence.     

Rapid determination of carbohydrates in heroin drug seizures using capillary electrophoresis with short-end injection

A simple and rapid method for the analysis of carbohydrates in heroin samples by capillary electrophoresis utilizing a borate complexation method is described. Separations were performed using an uncoated fused silica capillary, 50 cm x 50 micro I.D. x 360 microm O.D. with an effective separation length of 9 cm. The system was run at 60 degrees C with an applied voltage of -8 kilovolts. Injection of each sample was for 1 sec at -50 mbar. UV detection was employed with the wavelength set at 195 nm. The background electrolyte consisted of 65 mM borate, pH 12.0. Samples and standards were prepared in the run buffer containing 2 mg/mL of mannose as an internal standard. Under these conditions a test mixture containing glucose, sucrose, lactose, mannitol and mannose as an internal standard was resolved within 5 min. The method was used to determine the concentration of carbohydrates in heroin seizure samples and synthetic heroin samples. The results were in good agreement with the reported values.     

鼓励全民创业中政府作用的发挥及政府能力 建设

落实科学发展观必须鼓励全民创业。而依据创业的发生条件和动力机制,鼓励全民创业除了充分发挥民间内生发展力量外,必须充分发挥政府在鼓励全民创业中具有的重要作用。在鼓励全民创业中,政府的行为包括不作为和作为两个方面.政府要充分发挥积极作用,除要认真履行不作为的义务外,还要积极履行积极作为的义务。政府作用的正确发挥与政府能力建设密切相关。根据鼓励全民创业对政府能力建设的要求,政府能力提升应包括三个基本方面思想上的动员能力经济上的管理能力政治上的组织能力     

Graph clustering and anomaly detection of access control log for forensic purposes

Attacks on operating system access control have become a significant and increasingly common problem. This type of security threat is recorded in a forensic artifact such as an authentication log. Forensic investigators will generally examine the log to analyze such incidents. An anomaly is highly correlated to an attacker's attempts to compromise the system. In this paper, we propose a novel method to automatically detect an anomaly in the access control log of an operating system. The logs will be first preprocessed and then clustered using an improved MajorClust algorithm to get a better cluster. This technique provides parameter-free clustering so that it automatically can produce an analysis report for the forensic investigators. The clustering results will be checked for anomalies based on a score that considers some factors such as the total members in a cluster, the frequency of the events in the log file, and the inter-arrival time of a specific activity. We also provide a graph-based visualization of logs to assist the investigators with easy analysis. Experimental results compiled on an open dataset of a Linux authentication log show that the proposed method achieved the accuracy of 83.14% in the authentication log dataset.     

Regulatory policies and procedures for the Domestic Public Land Mobile Radio Service--Federal Communications Commission. Proposed rule

Policies and procedures concerning objective need showings for applications requesting an additional one-way frequency for one-way signaling stations are being proposed. The present rules do not provide applicants with sufficient information as to what is required in need showings before applications can be granted. Applicants requesting an additional one-way frequency must show that the existing or projected grade of service is .50 before an additional channel is granted. The proposed standards are concurrently being adopted as an interim rule.     

美国行政赦免制度及其对死刑执行的限制

赦免是各国以外在于司法制度的方法干预司法的一项制度.美国行政赦免制度是美国行政干预司法的制度.美国联邦和部分州保留了死刑,其行政赦免在限制死刑执行中曾经起到了极其重要的作用.虽然自上世纪70年代以来,美国行政赦免在限制死刑执行中的运用已变得较为少见,但其仍是一个有效的限制死刑执行的制度.     

占有制度探析

占有概念与物权制度密不可分。尽管占有的概念充满歧义 ,但在各国民法中 ,占有一直占有重要的位置。占有制度的发展 ,反映了占有与所有权分离的历史过程 ,到现代 ,占有已成为一种独立的权利 ,在对物的利用中发挥着重要的作用。占有具有三大功能 :权利推定功能、权利取得功能、权利保护功能。占有的权利保护功能表明占有已脱离本权而成为一项独立的权利。中国应该构建所有权、占有与占有权、他物权三权鼎立的物权法格局。     

An alleged assault by police

A case is presented of self-inflicted injuries alleged to have been sustained during an assault by police. A summary is given of the factors in this case differentiating between self-inflicted injuries and those due to an assault. The desirability of taking photographs of injuries in cases of alleged assault and the importance of keeping an open mind when assessing injuries are emphasised. The need for greater awareness in the medical and legal professions of the advantages of a forensic medical opinion in the assessment of injuries is mentioned.