论反倾销领域中“非市场经济”问题

"非市场经济"这一法律概念在GATT/WTO法律框架下由各国反倾销法逐渐演变而成.自20世纪90年代以来,"市场经济"与"非市场经济"的区分已缺乏经济基础,很多国家却凭以采用特别方法对后者产品进行反倾销调查.这些方法深受政治、社会和经济等因素影响,构成相关出口商的歧视性待遇.必须通过政治、经济和法律手段才能最终解决"非市场经济"所引发的问题.     

Analysis of DNA multilocus profiles in a paternity case in which the child's profile may be partial

This report describes a simple approach to multilocus paternity analysis for cases where the child's sample may be inadequate leading to a partial profile. A specimen calculation is given. A previous paper described how the various band sharing configurations in the DNA multilocus profiles of a mother-child-putative father trio could be combined in a comprehensive mathematical analysis to give an overall Bayesian likelihood ratio. In that paper, it was assumed that all three members of the trio gave full DNA profiles. In some cases that assumption may not be valid but it is possible to extend the analysis to allow for partial profiles. This paper demonstrates how this may be done by considering the case where the child's profile may be partial for one reason or another. A specimen calculation is given.     

Hit them where it hurts most? The proceeds-of-crime approach in the Netherlands

During the last decade, throughout the world, more emphasis has been put on financial instruments in order to control and prevent money laundering, organised crime (and more recently) terrorism. In most democratic countries, follow-the money-methods have been developed, and legislation has been adjusted in order to find, freeze and confiscate criminal assets. In 1993 new legislation was adopted in the Netherlands to increase the statutory powers to deprive criminals of their assets. The strength and weaknesses of the policy theory behind the proceeds-of-crime approach is being discussed in this article. The findings of several evaluation studies show that neither the enforcement of the law, nor the effects are in accordance with the assumptions of the policy theory. The author concludes, that the high hopes regarding the deprivation of illegally obtained advantage are unrealistic. The same is bound to happen with regard to the follow-the-money-strategy in relation to terrorism.     

对清末时期何处最早设置地方检察官的考证

光绪三十二年（1906年）十月二十七日,清廷颁行《大理院审判编制法》,共45条,其中有6条涉及到检察机构或检察官（第七、十二、十三、三十一、三十九、四十五条）。《大理院审判编制法》对审检机构采用的是四级机构设制,“（第二条）大理院在京直辖审判厅局有三：（1）京师高等审判厅。（2）京师城内外地方审判厅。     

"For us it is like living in the dark": Ethiopian women's experiences with domestic violence

This article discusses the experiences of domestic violence among Ethiopian refugees and immigrants in the United States. A subset (n=18) of the larger study sample (N=254) participated in three focus groups with Amharic-speaking survivors of domestic violence who were currently in or had left abusive relationships. The research was conducted through a public health department, University, and community agency partnership. Findings show domestic violence as taking place within a context of immigration, acculturation, and rapid changes in family and social structure. Participants expressed a need for language and culture-specific domestic violence support and advocacy as well as education programs regarding U.S. laws and resources.     

"If it hurts you, then it is not a joke": adolescents' ideas about girls' and boys' use and experience of abusive behavior in dating relationships

This study examined adolescents' ideas about girls' and boys' use and experience of physical and psychological abuse in heterosexual dating relationships. Canadian high school students who were enrolled in Grades 9 and 11 took part in single-gender focus groups. Eight themes emerged from the analysis. The themes highlight the importance teenagers place on context for defining specific behaviors as abusive. They also underscore gender differences in the criteria adolescents use to make these judgments, in the forms of abusive behavior teenagers typically use in a dating relationship, and in the reasons for youths' declining use of physical abuse and increasing use of psychological abuse. These views have important implications for future research and for programs targeting adolescent dating violence.     

"Overkill" in a case of neonaticide

A 14-year-old girl was found unconscious in a pool of blood by her mother in the family bathroom. A gynecological emergency operation revealed a state after spontaneous delivery. A few days later the corpse of a newborn, smeared with blood, was found by the father of the girl in a laundry basket in the bathroom. The autopsy revealed signs of blunt force against the cranium as well as multiple lesions caused by sharp force in the area of the neck and the thorax. The newborn died of hemorrhagic shock due to severance of the left subclavian artery. The pattern of injuries is presented. In addition, the girl's statement with respect to the course of events is discussed. Finally, this rare manner of committing neonaticide is compared with former reports in the literature.     

"Swinging in the park". An investigation of an autoerotic death

Death during autoerotic episodes is of special concern to law enforcement officials, the coroner or medical examiner, the family of the decedent, and to society as a whole. As in the probing of any violent demise, accurate preservation of all evidentiary material, complete photographic documentation, reconstruction of the scene, and interviews with family and acquaintances ("psychological autopsy") are mandatory for proper completion of the case. A recent, atypical instance of sexual asphyxia arising from a bizarre incident exemplifies the foregoing dicta and provides a vivid example of "psychopathia sexualis."     

Elucidation of a poisoning case from the analysis of formalin in which brain tissue was preserved

The toxicological analysis of post-mortem materials often help determine the cause of death. When tissues have been fixed in formalin it may be possible to extract several drugs from the tissue and/or the preserving fluid. An unusual case of multiple poisoning is discussed from the aspect of laboratory analysis.     

DNA typing in a cattle stealing case.

DNA profiling was used as probative evidence in a cattle stealing case. The carcasses of the dead animals were found from a report and a farmer recognized the remains as those corresponding to the stolen animals by the farm mark on the coat. Those remains were collected as reference samples. Meat pieces were sequestered from a butchery and then sent to our Laboratory by the Justice Department of Buenos Aires (Argentine) to perform a DNA comparative analysis with the reference. Matches were found between the evidences and the references, supporting the hypothesis that the meat pieces had been obtained from the stolen animals. The butcher was suspected of stealing animals but no direct incrimination had been made yet.     

"Keepin' my mind right": identity maintenance and religious social support in the prison context

It is not uncommon for inmates to experience religious conversions in prison. These conversions allow inmates to portray themselves in a prosocial light and help them to establish a sense of control in their current lives, regardless of their past. Despite the value of these conversions, maintaining a new outlook of one's self is remarkably difficult. Using semistructured interviews with 63 inmates who had undergone a religious conversion, the authors examine the process that they engaged in to keep these new senses of self. The narratives suggest that they relied on various social support mechanisms to keep themselves focused and inspired. Specifically, they stressed the importance of connecting with positive others in formal and informal settings, sharing their stories with those in need, and reflecting on their daily choices. It is through these strategies that inmates keep the inspiration and focus to "keep their minds right."     

LoComatioN: a software tool for the analysis of low copy number DNA profiles

Previously, the interpretation of low copy number (LCN) STR profiles has been carried out using the biological or 'consensus' method-essentially, alleles are not reported, unless duplicated in separate PCR analyses [P. Gill, J. Whitaker, C. Flaxman, N. Brown, J. Buckleton, An investigation of the rigor of interpretation rules for STRs derived from less than 100 pg of DNA, Forens. Sci. Int. 112 (2000) 17-40]. The method is now widely used throughout Europe. Although a probabilistic theory was simultaneously introduced, its time-consuming complexity meant that it could not be easily applied in practice. The 'consensus' method is not as efficient as the probabilistic approach, as the former wastes information in DNA profiles. However, the theory was subsequently extended to allow for DNA mixtures and population substructure in a programmed solution by Curran et al. [J.M. Curran, P. Gill, M.R. Bill, Interpretation of repeat measurement DNA evidence allowing for multiple contributors and population substructure, Forens. Sci. Int. 148 (2005) 47-53]. In this paper, we describe an expert interpretation system (LoComatioN) which removes this computational burden, and enables application of the full probabilistic method. This is the first expert system that can be used to rapidly evaluate numerous alternative explanations in a likelihood ratio approach, greatly facilitating court evaluation of the evidence. This would not be possible with manual calculation. Finally, the Gill et al. and Curran et al. papers both rely on the ability of the user to specify two quantities: the probability of allelic drop-out, and the probability of allelic contamination ("drop-in"). In this paper, we offer some guidelines on how these quantities may be specified.     

浅析遵义"瘦肉精"案

遵义“瘦肉精”案 ,在国务院公布的 2 0 0 2年全国 10大破坏社会经济秩序案件中排列第三。近日 ,遵义市红花岗区人民法院对该案进行了一审宣判。现就该案报道如下 :案情简介2 0 0 2年 7月 14日 ,遵义某农牧研究所畜禽饲料保健厂负责人突然接到经销商和重庆质监部门打来的电话 ,称该厂近期生产的 5 5吨猪饲料被当地质监部门查出每公斤含有 0 .14mg国家明令禁止使用的盐酸克伦特罗 (“瘦肉精”)。该厂立即将从浙江购进的一批原料送到质监部门进行检验 ,结果发现这批价值十六万多元的原料中含有“瘦肉精”。该厂即向遵义市开发区警方报案。 2 0…     

浅析遵义"瘦肉精"案

遵义“瘦肉精”案，在国务院公布的2002年全国10大破坏社会经济秩序案件中排列第三。近日，遵义市红花岗区人民法院对该案进行了一审宣判。现就该案报道如下。