西方法官职业的历史构建

法官的产生是由统治者（国王）渡让权力的结果。法官自设立之时起，就与正义联系在一起。由于各民族的特点不同，法官产生的路径是不一样的：既有从全社会中民主选举产生的，也有仅从贵族中民主选举产生的。早期的法官其实并非“官”，其在社会上的地位甚至排不上官僚的序列；早期的法官也不是由专家来担任的。司法腐败似乎是随司法权的产生而产生的。由选举产生法官的目的是为了防止腐败；而以任命的方式、以个人品德来产生法官的目的也是为了防止法官腐败，结果都没能制止司法的腐败。法官职业与其它职业一样，是社会分工和制度文明进步的必然产物。不同的政体性质也决定了法官的形式。司法的最终目的是为了保障司法独立。     

再论我国公立高等学校之法律地位

我国公立高等学校的法律地位问题日益成为教育法制的焦点。本文认为,高等学校在不同方面具有不同的法律地位:其在行使法律、法规授予的行政管理等职权时,是行政主体;在接受有关行政主体监督、管理时,是行政相对人;在管理有关资产以及进行平权性质的活动时,是民事主体。此外,公立高校与其内部群体如教师、学生等存在多种复杂的法律关系。因此,我们把握公立高等学校的法律地位需要一种综合性的视角,并注意具体区分授权基础、行为类型和事务性质。     

Death by lightning

Deaths from lightning injuries are infrequent, amounting to 0.2-0.8 per million people per year, and are associated with climatologic conditions. The victims are mostly young, active people who are struck during various outdoor activities during the summer months. Even though many people can be struck by the same bolt of lightning, multiple casualties are uncommon. Among the fatalities, various types of skin burns are regularly present, often at an entry site on or near the head, and at an inferiorly located exit site. These skin injuries often consist of superficial burns and singed hair; deep burns and charring are uncommon. Arborescent skin marks seem to occur less frequently. Internal findings at autopsy are nonspecific.     

Making non-discriminatory fitness-for-duty decisions about persons with disabilities under the Rehabilitation Act and the Americans with Disabilities Act

This article describes an assessment role performed by clinical psychologists in the employment context, and examines how it has been evaluated by the courts from the standpoint of discrimination against persons with disabilities. Guidelines are offered for making fitness-for-duty decisions which are legally defensible, and examples of the decision-making process are provided. Data-based limitations on professional expertise are articulated, and conclusions drawn are aimed at practicing psychologists and the courts dealing with these uncertainties. Issues are analyzed principally in courts dealing with these uncertainties. Issues are analyzed principally in relation to Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA), which has been passed by both houses of Congress.     

NARCOTICS USE AND CRIME: A MULTISAMPLE,MULTIMETHOD ANALYSIS*

Various addict behaviors that are relevant to the narcotics-crime relationship are examined throughout the course of the addiction career. Anglo and Chicano methadone patients are studied and several methodological approaches are utilized. The data are representative of numerous critical periods within the addiction career as well as periods immediately preceding and subsequent to it. The results from the various methodological analyses converge to indicate that while involvement in property crime activities generally precedes the addiction career, after addiction occurs the highly elevated property crime levels demonstrated by addicts appear to be regulated by similarly high narcotics use levels. During periods of curtailed narcotics use produced by treatment, property crime levels are significantly reduced and become extremely low after termination of the addiction career. The findings are compared with results previously reported and new results are presented. Theoretical consideration of circumstances that significantly moderate the narcotics-crime relationship, such as geographic and sociodemographic differences, drug trafficking, and other behaviors, are discussed.     

Exposure to Property Crime as a Consequence of Poverty

This paper investigates whether and why the poor are more exposed to property crime than are the non‐poor, despite the reasonable assumption that poor people lack or have little valuable property that can be stolen. If poor people are more exposed to property crime than those who are not poor, there are needs for explanations. The paper investigates two plausible reasons: the significance of the neighbourhood character and routine activities. The results in the paper indicates that poor people are more exposed to property crimes related to the residence, independent of neighbourhood character and routine activities, while exposure to property crimes related to vehicles depends more on the family situation and age than on poverty per se. When it comes to other kinds of property crime, poor people do not seem to be more exposed than do the nonpoor. That poor people are more exposed to property crime related to their residence, and that there are problem areas explaining why, is worrisome. Those who are poor are often vulnerable to other social problems that tend to exclude them from ordinary living patterns. To find out the relation between poverty and exposure to property crimes related to residence is of importance for crime prevention and probably an important step to prevent those who are poor from being further excluded from society.     

伤残评定标准及赔偿方式的比较研究

目的比较目前司法实践中常用的伤残评定标准及赔偿方式,以揭示目前我国人身伤害民事赔偿中存在的现实问题。方法时目前司法实践中常用的工伤标准、交通标准、普通伤害标准三大标准的内容进行比较;对与上述三大标准相对应的赔偿方式进行比较。结果（1）就标准的内容来看：三大标准中伤残条款的设立、级剐有显著的区别,同种损伤依据不同的标准评定,其伤残评定结果差异明显,“同伤不同残”现象较为普遍。（2）就标准的宽严尺度来看：工伤标准宽泛,门槛低,级别评定较高;而交通、普通伤害两个标准严格．门槛高,较轻的损伤不易评定为残疾。（3）就标准的架构来看：工伤标准、普通伤害标准在架构上严谨;而交通标准不够严谨,分级过于简单且涵盖内容不全。（4）就标准的强制力来看,交通标准为国家强制标准,级别最高．工伤标准其次,为国家推荐标准。普通人身伤害标准级别最低,目前尚无全国统一的标准;有的省适用自制标准（如江苏、北京）,有的省适用工伤标准,有的省适用交通标准,其效力常常遭到质疑。（5）就三种损伤类型的赔偿体系来看：赔偿方式各不相同,赔偿额差距显著,“同伤不同价”现象突出。因为目前全国没有统一的普通人身伤害标准．地方对伤残标准及赔偿方式的应用极为混乱,有的地方以宽松的残疾标准（如工伤标准）评定伤残,再配以目前普通伤害案件宽松的赔偿方式,其结果是赔偿额大幅增加,造成明显的司法不公。结论上述问题的解决应从伤残评定的医学标准着手,目前急需制定一部适用于普通伤害的残疾评定标准,这样可以确保在每一赔偿体系中,均存在与其相配套的医学评定标准,以避免因鉴定标准的不同引发的司法不公。     

A comparison of recidivism measures

Three categories-self-reported, F.B.I., and Florida Division of Corrections-of measures designed to tap recidivism are compared. When comparisons are made using different baseline measures, it is observed that variation is greatest between rather than within categories. Further, when two log-linear regressions are fitted where only the recidivism measures are different, the results are radically different. The findings demonstrate that all recidivism measures are not necessarily equally valid or reliable and that the use of different measures can produce discrepant findings.     

BITING ONCE,TWICE: THE INFLUENCE OF PRIOR ON SUBSEQUENT CRIME LOCATION CHOICE

Properties, victims, and locations previously targeted by offenders have an increased risk of being targeted again within a short time period. It has been suggested that often the same offenders are involved in these repeated events and, thus, that offenders’ prior crime location choices influence their subsequent crime location choices. This article examines repeated crime location choices, testing the hypothesis that offenders are more likely to commit a crime in an area they previously targeted than in areas they did not target before. Unique data from four different data sources are used to study the crime location choices of 3,666 offenders who committed 12,639 offenses. The results indicate that prior crime locations strongly influence subsequent crime location choices. The effects of prior crime locations are larger if the crimes are frequent, if they are recent, if they are nearby, and if they are the same type of crime.     

PRISONERS' ATTITUDES TOWARD COMPONENTS OF THE LEGAL AND JUDICIAL SYSTEMS

Prisoners' attitudes toward components of the legal and judicial systems are reviewed and analyzed with data collected from prisoners in their first several days of incarceration. These data are analyzed within subgroups of the prison population. In general, attitudes toward the police are negative, attitudes toward the law and the judicial system are mixed, and attitudes toward lawyers are positive. However, preprison and prison status factors influence the attitudes held by prisoners, and these different patterns of influence are discussed.     

THE ESTABLISHMENT CONCEPT IN STRIKE DISQUALIFICATIONS UNDER UNEMPLOYMENT INSURANCE LAWS

Of things that are called one in virtue of their own nature some are so called because they are continuous, e. g. a bundle is made one by a band, and pieces of wood are made one by glue; and a line, even if it is bent, is called one if it is continuous, as each part of the body is, e. g. the leg or the arm⃜ Those things are continuous by their own nature which are one not merely by contact; for if you put pieces of wood touching one another, you will not say these are one piece of wood or one body or one continuum of any other sort.     

134例眼损伤法医学鉴定统计分析

眼损伤在活体法医学鉴定中比较常见,居第4位鉴于国内眼损伤法医学鉴定文献较少,现将我室几年来所鉴定的134例眼损伤的统计资料报告如下:材料和方法本文所报告的134例眼损伤,为1984年11月至1988年10月我室受理的眼损伤鉴定案例.全部材料均根据伤后病志和鉴定时的检查所见及鉴定结论列表,进行统计分析.     

论证据的种类

我国法律将证据分为八种是缺乏根据的。八种“证据”中只有物证、书证是两种独立的证据。证人证言、被害人陈述、犯罪嫌疑人、被告人供述和辩解只是人证的不同类型 ,而与物证、书证并列的只能是人证。勘验、检查笔录和鉴定结论都不是证据本身 ,它们只是反映了物证的物证资料。视听资料不是单一事物 ,其四种成分中只有一种成分是证据 ,且属于书证。根据以上分析 ,本文认为 ,证据只有三种 :物证、书证、人证。证据都是由事实构成的 ,事实构成证据的情况只有三种 :一是客观存在 ;二是被“书”记载 ;三是被人感知。三种情况下的事实只能构成三种证据。司法人员获得证据的途径也只有三种 :一是找证物 ;二是找“证书” ;三是找“证人”。     

The use of histomorphology to estimate age

The purpose of this paper is to discuss some of the major factors that can affect age-at-death predictions when using histomorphological methods. Although evidence suggests that some of the currently available methods are more reliable and accurate, and there are a number of factors other than chronological age that can affect bone remodeling, histomorphological methods, when properly applied, are valuable tools for anthropology and forensic medicine. It is suggested that both accuracy and reliability are maximized when the histomorphometrics of as many anatomical sampling sites as possible are sampled and the resultant ages are averaged.     

Randomized experiments as the bronze standard

In this paper, the strengths and weakneses of randomized field experiments are discussed. Although it seems to be common knowledge that random assignment balances experimental and control groups on all confounders, other features of randomized field experiments are somewhat less appreciated. These include the role of random assignment in statistical inference and representations of the mechanisms by which the treatment has its impact. Randomized experiments also have important limitations and are subject to the fidelity with which they are implemented. In the end, randomized field experiments are still the best way to estimate causal effects, but are a considerable distance from perfection.     

宪法性法律的性质界定

宪法性法律是法律而不是宪法 ,它们与其它法律一样都是对宪法的“规则化” ,但又与其它法律明显不同 :宪法性法律是“宪法”法 ,是“国家”法 ,是“权力”法和“权利”法。它们通过将宪法内容具体化、程序化来保障宪法。我国的宪法性法律在数量上和质量上都有欠缺 ,这是我国宪法不能有效实施的重要原因之一     

Modeling the longitudinal impact of legal sanctions on narcotics use and property crime

Structural equation models are used to confirm the suppressive effects of legal sanctions, e.g., probation and parole, on narcotics use and property crime. Both concurrent and longitudinal effects of legal sanctions are tested within two different models, which together span the entire addiction career. The findings indicate that (1) the suppressive effects of legal sanctions are evident only when legal sanctions are operationalized as parole or probation officer contact where urine monitoring is utilized; (2) only concurrent suppressive effects are statistically significant, and longitudinal suppressive effects are not; (3) both narcotics use and property crime are suppressed by legal sanctions, although the latter is less responsive than the former to intervention by the criminal justice system; and (4) suppressive effects tend to be more pronounced later in the addiction career. The significance of the findings and the implications for criminological theory related to issues regarding surveillance effects are emphasized.     

论社会保障基本权

社会保障基本权是指公民所享有的依照宪法请求国家等公共主体提供援助以保障其基本生活或提高生活水平的基础性权利,它可被区分为缴纳性权利和非缴纳性权利、给付性权利和非给付性权利.由于社会保障基本权以维护人道主义价值为目标,并倚重于国家等公共机构,所以,它是一种社会基本权.不同社会保障基本权的实现对普通法的依赖程度有差别,但是,它们都具有对国家机关、社会组织及公民的直接效力.如果社会保障基本权未能被立法权、行政权具体化,或者具体化地不充分,或者具体化行为违宪,一旦该权利受到侵害,那么,就可通过宪法诉讼予以救济.     

Evaluating the effectiveness of one-officer versus two-officer patrol units

This article presents a model-based evaluation of one-versus two-officer patrol staffing. Postulated arguments for and against each strategy are outlined as they appear in the literature. Performance measures are elicited from this discussion. Several models are constructed that allow for a comparative analysis using these performance measures; equal cost staffing options are considered. Formal expectations of comparative strategic performance are presented along with suggestions for further analytical research.     

心脏肌钙蛋白T、I与心肌损伤及其法医学应用前景

心脏肌钙蛋白T、I具有很高的心脏特异性,敏感性高,能检测多种不同的心肌损伤,区别心肌损伤和骨骼肌损伤,并能用作心肌损害的危险程度分级和判断预后的指标,在临床上得到了广泛的应用。在法医学上也有一定的应用前景。