2008年中国法治亮点巡礼

2008年，是中国法治进程稳步推进和稳健发展的一年，也是法治亮点频频闪现的一年。2008年的立法景观依然多姿多彩，科学立法、民主立法继续推进，公民对立法工作的有序参与进一步扩大，已出台的十一届全国人大常委会立法规划值得人们期待。此外，实施不久的《政府信息公开条例》、全面开展的监狱体制改革，以及此起彼伏的问责风暴等都是值得我们关注的法治亮点。     

Fatal poisoning in drug addicts in the Nordic countries in 2007

The frequency of medico-legally examined fatal poisonings in 2007 among drug addicts was investigated in five Nordic countries; Denmark, Finland, Iceland, Norway, and Sweden. The number of deaths, age, sex, place of death, main intoxicant, and other drugs present in blood samples were recorded to obtain national and comparable Nordic data, as well as data to compare with earlier studies in 2002, 1997, and 1991. Norway had the highest incidence of drug addict deaths by poisoning followed by Denmark, with 8.24 and 6.92 per 100,000 inhabitants, respectively. The death rates in Finland (4.02), Iceland (4.56), and Sweden (3.53) were about half that of Norway and Denmark. Compared with earlier studies, the death rates were unchanged in Denmark and Norway, but increased in Finland, Iceland, and Sweden. In all countries, fewer deaths (29-35%) were recorded in the capital area compared with earlier studies. Females accounted for 11-19% of the fatal poisonings. Iceland deviates with a more equal distribution between men and women (40%). Deaths from methadone overdoses increased in all Nordic countries, and methadone was the main intoxicant in Denmark in 2007, accounting for 51% of the poisonings. In Norway and Sweden, heroin/morphine was still the main intoxicant with a frequency of 68% and 48%, respectively. In Iceland, 3 deaths each were due to heroin/morphine and methadone, respectively. Finland differs from other Nordic countries in having a high number of poisonings caused by buprenorphine and very few caused by heroin/morphine. The total number of buprenorphine deaths in Finland doubled from 16 in 2002 to 32 in 2007, where it constituted 25% of deaths. The general toxicological screening program showed widespread multi-drug use in all countries. The median number of drugs per case varied from 3 to 5. The most frequently detected substances were heroin/morphine, methadone, buprenorphine, tramadol, amphetamine, cocaine, tetrahydrocannabinol, benzodiazepines and ethanol.     

Differences in female and male involvement in lethal violence in Russia

Relatively little is known of the distributions of homicide event characteristics in non-Western nations in which women relative to men are involved. This article utilizes unique homicide narratives drawn from Russian court and police records to compare homicide victim, offender, and event characteristics by sex of victim and separately by sex of offender. Results from logistic regression show that homicides in which a female was the victim or offender were more likely to occur between intimates and to occur in the home, whereas homicides involving males were more likely to occur in a public place, to be alcohol-related, to involve a firearm, and to involve a victim and offender who did not know each other well. These results not only present an important first glimpse at women as homicide victims and offenders in Russia specifically, but also provide a point of comparison with findings from similar analyses undertaken in the West, and present further initial observations upon which to construct a cohesive theory about female involvement in serious violent events.     

癫痫的神经病理学研究进展

癫是一种常见的脑疾病,可引起猝死,以往人们侧重于对癫脑电活动的研究,而近年来癫的神经病理学研究已成为临床和法医工作者的一个研究热点。本文依据一系列文献资料分别从癫的发育障碍、瘤性异常增殖、海马硬化、双重病理改变、苔藓纤维发芽等神经病理学变化方面进行综述,进而探讨其法医学意义,希望对癫猝死的法医病理学诊断提供一定的帮助。     

Confidence in the police in Latin America

The study of confidence in the police in Latin America is rare, partially for lack of interest and partially for lack of reliable data. Social, economic, and political instability in those countries also contributes to the problem. Relying on data from the World Values Surveys 1995-1997, the current research proposed a theory of the police in transitional societies and reported the results of analyses of confidence in the police in nine countries of Latin America. The levels of confidence in the police in the nine Latin American nations were compared with that of the U.S. The inclusion of a heterogeneous set of control variables in the multivariate analysis yielded several consistent predictors of confidence in the police. Similar to the findings in the U.S., confidence in the police in Latin America was part of the broader attitude complex. Different from the findings in the U.S., confidence in the police was positively related to one's employment status and religiosity, and negatively to income.     

Competence in caring in legal practice

This article is concerned with the stories of female solicitors working in Queensland, Australia, and their account of ethics in practice. These narratives were sought and made in the context of our project investigating complaints received against practitioners in this jurisdiction. Our interviews with female lawyers were intended to provide more insight into complaints matters. Yet this discussion revealed broader insights into ethical questions about the nature of lawyer–client relationships and legal professionalism. This article considers these accounts by reflecting on the concept of ‘care’ and its fit with legal practice requirements today. In doing so, we consider the difficult gendered question of the relationship between caring and ‘women's’ practice. We do not assert a true woman's working style; we seek to contextualise our empirical research by tracing the complex effect of gender on lawyering roles. Finally, we suggest that the adoption of caring practice is a valid approach to lawyering and call for a caring approach to be re-valued in the legal professional context as an ethical proposition.     

Developments in medical law in the United Kingdom in 2005 and 2006

This article highlights and summarises the key developments in medical law in the jurisdictions of the United Kingdom in 2005 and to April 2006. Topics are mental health and mental capacity, data protection, freedom of information and the impact on health data, the Human Tissue Act, genetic research databanks, Human Fertilisation and Embryology Act--Review of the legislation, consultations and related case law, developments in embryo and embryonic stem cell research, clinical trials and human subject research, medical futility, and physician assisted dying.     

Household structures in urban Albania in 1918

This article intends to shed further light on urban household structures in Albania as far less is known about them compared with rural households. The population census of 1918, which was forgotten for decades, is used for this purpose and proves to be a very valuable source. After a look at the theoretical framework of household formation patterns in this region and at comparative studies in other countries of the region, the size and composition of households in Albania are analysed and differences within the urban population recognised. These urban households were smaller and less complex than rural households in Albania. This investigation into the lives of urban dwellers regarding their living jointly with other members of the household adds to the picture of households frequently being divided between brothers. Nevertheless, multiple-family households also existed in an urban environment and more so in Albania than in neighbouring countries. One can find many differences within the urban population concerning the size and complexity of their households, but a higher status tended to be necessary to increase the complexity of the household. The different economic and spatial environment in cities made living in a multiple-family household more difficult to achieve and therefore richer rather than poorer people more usually lived in such constellations.     

Drugs in injured drivers in Denmark

As part of the project Impaired Motorists, Methods of Roadside Testing and Assessment for Licensing (IMMORTAL) under the European Commission's Transport RTD Programme of the 5th Framework Programme [I.M. Bernhoft, Drugs in accidents involved drivers in Denmark, D-R4.3 of the project Impaired Motorists, Methods Of Roadside Testing and Assessment for Licensing (IMMORTAL), www.immortal.or.at, 2005], a study regarding drugs in accident-involved drivers was carried out in Denmark. The main objectives of this study were: (1) to collect and analyse samples from injured drivers for the presence of drugs; (2) to give an indication whether drugs may have contributed to traffic accidents; and (3) to get information on the drug-positive drivers and their drug use. This paper focuses on objective 1. Injured drivers who were treated in hospital were asked to give a saliva sample, a blood sample or both. The samples were screened for the following substances: opiates, amphetamines, methamphetamines, incl. MDMA (ecstasy), cannabinoids and metabolites, cocaine and metabolites and benzodiazepines. Screenings were carried out by means of Cozart Microplate EIA kit. Positive screenings were confirmation analysed by gas chromatography–mass spectrometry (GC–MS) or liquid chromatography/tandem mass spectrometry (LC/MS/MS). In total, 26 out of 330 patients were confirmed positive for one or more of the six drug groups. However, three patients were excluded from the survey for various reasons. Of the remaining 23 drug-positive patients 15 were found positive for one drug group, and in five of these cases alcohol was present in a concentration over the legal limit in Denmark (0.05%). The other eight patients were found positive for two drug groups, and in four of these cases, alcohol was also present in a concentration over the legal limit. Alcohol was found both in combinations with medicinal drugs, with illegal drugs and with both. Based on the saliva or blood concentrations, we estimate that there is a strong suspicion of impairment in 9 out of 23 cases, and in another six cases it was likely that the drivers were impaired.     

Household structures in urban Albania in 1918

This article intends to shed further light on urban household structures in Albania as far less is known about them compared with rural households. The population census of 1918, which was forgotten for decades, is used for this purpose and proves to be a very valuable source. After a look at the theoretical framework of household formation patterns in this region and at comparative studies in other countries of the region, the size and composition of households in Albania are analysed and differences within the urban population recognised. These urban households were smaller and less complex than rural households in Albania. This investigation into the lives of urban dwellers regarding their living jointly with other members of the household adds to the picture of households frequently being divided between brothers. Nevertheless, multiple-family households also existed in an urban environment and more so in Albania than in neighbouring countries. One can find many differences within the urban population concerning the size and complexity of their households, but a higher status tended to be necessary to increase the complexity of the household. The different economic and spatial environment in cities made living in a multiple-family household more difficult to achieve and therefore richer rather than poorer people more usually lived in such constellations.     

Video surveillance in public space in China

Video surveillance device has been widely installed in public places at present. How should the right of privacy under video surveillance in public space be considered and protected effectively? There is no enough attention in the existing legislation of China, which results in a relatively conservative attitude in the judicial system of China. In fact, it is supposed to have privacy interests in public space. Privacy is not simply an absence of information about people in the minds of others. Moreover, it is the control over information about ourselves. Unlike casual glimpse by passers-by, the continuous, intentional and intensive focus of video cameras make individuals lose control of their information, which consequently leads to lose their privacy interests in public space. Thus, in order to protect personal privacy interests and defend personal justice in public space, it is necessary to regulate video surveillance in public space in legislation and judicature.     

Trends in Non-Muslim Divorces in Singapore

This article examines the trends and patterns in the way thesecular divorce law has been utilized by couples in Singaporeseeking to end their marriage. Social and demographic featuresof the divorcing couples, as well as the ‘fact’relied on in support of their divorce petitions, are studiedand compared to earlier analyses. It is found that while somepatterns observed by earlier researchers have remained intact,others have changed. This article suggests explanations forthese observed patterns and contributes to the discussion onwhether and how the divorce law can be improved in Singaporeand elsewhere.     

Recent Trends in Sentencing Policies in the Netherlands

This article considers sentencing in the Netherlands and in particular the changes that have been introduced since the 1980s, both in the adult and in the juvenile justice system. Several questions will be treated in the article. Sentencing in the Netherlands in the last two decades is analysed and some explanations for the changing trends are presented. Results indicate that the Netherlands is following a general pattern, prevalent in Europe and the US, of more punitive and repressive punishment. Also, the extent to which new sentencing options, such as community sanctions have made a difference to the upward trend in imprisonment, will be analysed. In an effort to reduce the costs of the system new policies are being developed, introducing both 'front door' and 'back door' varieties in sentencing. These will lead to some important and radical changes in the criminal justice system.     

Trustees in Cyprus regulated in 2007

Trust and company service providers in Cyprus are followingin the footsteps of their European counterparts and will toobe regulated at the beginning of 2007.     

我国城市建设用地使用权制度的完善

我国城市建设用地使用权制度利弊参半、成功与不足并存。在使用权设定方式、使用权期限届满的法律后果、土地使用权人迟延开发土地和改变土地用途的法律后果以及土地使用权人之空间权等问题上,现行立法和《物权法(草案)》的有关规定均有缺陷,应当从我国城市土地的社会主义全民所有制的性质出发,以党的“三个代表”、“以民为本”的政治理念和马克思的市地级差地租理论为指导,加以改进和完善。     

Trafficking in persons and victim health in Australia

This article explores the health problems experienced by victims of trafficking in persons in Australia and analyses the domestic support schemes established to assist these victims. It focuses specifically on the health of adult, female victims who constitute the majority of identified victims, and who are the principal recipients of government support services. Domestic experiences and support schemes are reviewed in the light of international law and best practice guidelines. Recommendations are made to improve the health services available to victims of trafficking in persons in Australia.     

Recent developments in health law in Belgium

After the turbulent years 2002, 2003 and 2004 the Belgian health law seems to have reached calmer water. Indeed, after a quiet 2005, 2006 does not seem to have much to offer either. However, as will be shown in this article, this may be a wrong impression. There is a growing uneasiness with two important pieces of legislation that have been approved by Parliament in 2002: the act on euthanasia and the act on the rights of patients. This has resulted in debates and discussions that may finally lead to new legislation in the coming years.     

Legitimacy in REDD+ governance in Indonesia

This paper addresses the question of legitimacy in REDD+ governance in Indonesia. It develops a legitimacy framework that builds on elements of Scharpf (J Eur Pub Policy 4(1):18–36, 1997) input and output legitimacy concept and the political economy lens described by Brockhaus and Angelsen (Analysing REDD+: Challenges and choices, CIFOR, Bogor, 2012). Using data collected through key informant interviews and focus groups, we identify and explore stakeholder perceptions of legitimacy. The analysis reveals a complex interplay between input and output legitimacy, finding that state, non-state and hybrid actors perceive output legitimacy (i.e. project outcomes) as highly dependent on the level of input legitimacy achieved during the governance process. Non-state actors perceive proxies for input legitimacy, such as participation and inclusion of local people, as goals in themselves. In the main, they perceive inclusion to be integral to the empowerment of local people. They perceive output legitimacy as less important because of the intangibility of REDD+ outcomes at this stage in the process. The findings also highlight the challenges associated with measuring the legitimacy of REDD+ governance in Indonesia.     

Tertiary Education in Security and Policing in Australia

This paper reports on the current status of police and security education in Australian universities and technical colleges. The study was undertaken in the context of calls for greater professionalisation of policing and security along with a variety of conduct scandals that have driven reform agendas for both sectors. The study found that police studies had a significant profile in universities with a wide range of courses available, but virtually no profile in technical and further education (TAFE) colleges. Conversely, protective security offerings were proportionately more prominent in the TAFE sector than in universities. Courses in information and communication technology security were more common across universities and TAFE. The research also found that, of the 39 Australian universities, 9 have research centres related generally to policing and security. These also appeared to favour policing over security. We argue that these findings should be of concern, given the fact that private and public sector security services have eclipsed police, in numbers at least, in many jurisdictions. Security should, we argue, be counted as an equal partner with police in crime prevention services. In addition, we argue that those engaged in security management should be given greater opportunities for study at the university level. Moreover, security studies should have an expanded research focus.