论学生伤害事故的归责

本文根据学生伤害事故的原因 ,结合影响学生伤害事故归责的因素 ,阐述了民事侵权归责原则在各种学生伤害事故中的适用。     

动物致害侵权责任研究

我国立法动物致害责任条款部分内容含义不明 ,易引起误解。从比较、逻辑角度分析研究 ,认为该条款表述应为 :饲养的动物致他人损害的 ,动物所有人或管理人应承担民事责任 ,但能证明损害是由受害人故意造成的 ,不承担责任。或能证明损害是由受害人过失造成的 ,且动物所有人或管理人已尽“相当注意” ,也不承担民事责任     

故意伤害罪的停止形态与处罚范围——以肖传国雇凶伤害案为切入点的思考

我国法院对肖传国雇凶伤害案规避故意伤害罪这一定性与我国司法实践中长期存在的在故意伤害罪处罚范围上的唯后果论思想倾向存在直接关系,而这一思想倾向的形成在一定程度上又与对故意伤害罪的停止形态问题缺乏深入认识存在密切关联。肖传国雇凶伤害案是一起明显的故意重伤未遂的案件。     

An investigation of bulk and surface refractive indices for flat window glasses,patterned window glasses and windscreen glasses

The bulk and surface refractive indices have been measured for 20 float window glasses, 20 non-float window glasses, 20 patterned window glasses and 20 toughened float windscreen glasses.The refractive index of the tin-contact surface of the float glasses was always greater than that of the bulk, typically by 0.002 (range 0.00053–0.00307). In contrast the refractive indices of the two surfaces and the bulk of the sheet window glasses were in agreement within accepted experimental error in each case. A number of patterned window glasses showed significantly different refractive indices between the plain and patterned surfaces, the largest difference obtained (0.00021) being an order of magnitude smaller than that found for a typical float glass.Nine of the 40 float glasses examined yielded abnormal fragments from the upper surface in the sense that they did not disappear at the match temperature of the bulk glass. The refractive index measured from these abnormal fragments for two of these glasses was lower than the refractive index from the bulk glass.The variation in the bulk refractive index for the sheet and float window glasses produced an estimated standard deviation (E.S.D.) of 1.2 × 10^?5. However, the patterned glasses were nearly three times as variable (E.S.D. = 3.3 × 10^?5) and the toughened float glasses were, on average, almost seven times as variable (E.S.D. = 8.0 × 10^?5).The value of making surface as well as bulk refractive index measurements in routine casework is discussed in the light of the above results.     

Immolation after drinking kerosene

An unusual suicide is described in which analysis of circulating kerosene components at autopsy suggested that the victim had drunk kerosene and then had poured it over his body, ignited it, and burned to death.     

Quantitative analysis of glasses used within Australia

An initial 134 glasses have been collected from eleven classifications of glass used within Australia. These include both local and imported glasses. Quantitative elemental analyses of the glasses have been determined using a scanning electron microscope equipped with an energy dispersive X-ray spectrometer. The current program provides for an elemental analysis for Na, Mg, Al, Si, P, S or Pb, Cl, K, Ca, Ba or Ti, V, Cr, Fe, Mn and Zn expressed as oxides, and has a sensitivity down to approximately 0.1%. The data for the six most commonly occurring elements, namely, Na, Mg, Al, Si, K and Ca, together with the refractive index are presented for each class of glass in terms of their mean value and standard deviation from the mean, and also in histogram form.     

A note on social drinking: In Vino Veritas

It has been a persistent phenomenon in many societies that a large proportion of alcohol consumption takes place in company of other people. While the phenomenon of social or public drinking is well discussed in disciplines such as social psychology and anthropology, economists have paid little attention to the social environment of alcohol consumption. This paper tries to close this gap and explains social drinking as a trust facilitating device. Since alcohol consumption tends to make some people (unwillingly) tell the truth, social drinking can eventually serve as a signaling device in social contact games.     

Combined suicide by drinking acetic acid with subsequent hanging

Three late emigrants of German origin from Russia (1 man, 2 women) drank 70- and 86% acetic acid respectively before hanging themselves. In one of the suicides the hanging noose was running across the face. None of the cases presented showed any perioral chemical burns. At autopsy an intense odor of acetic acid was noticeable. The mucosa of the upper digestive tract showed a whitish, grey, brown or black discoloration and was partially detached. In two cases intravascular clotting of blood was discernible in the area affected by the acid; in one case the vessels were imbibed with haemoglobin due to haemolysis. Highly concentrated acetic acid is generally available in the successor states of the former USSR and its use in suicides is thus not uncommon. The legal regulations applying in Germany to the sale of acetic acid and the toxicological data are briefly described.     

血中乙醇质量浓度与神经行为能力的关系

目的 研究血中乙醇质量浓度与神经行为能力的关系。方法 采用中文第三版计算机化神经行为测试评价系统（NES-C3）,通过自身对照的方式,对233名饮酒者进行神经行为能力的测试。结果 当血中乙醇质量浓度I〉0．157mg／mL时,视简单反应时和数字筛选能力指数有显著性下降;当血中乙醇质量浓度I〉0．204mg／mL时,心算、视觉保留、线条判断能力指数有显著性下降。结论 神经行为能力随着血中乙醇质量浓度的升高而下降,然后随着乙醇的不断代谢,血中乙醇质量浓度的降低,神经行为能力逐渐恢复。     

Status of alcohol absorption in drinking drivers killed in traffic accidents

One issue which constantly confronts the forensic toxicologist in drinking driver cases is the relationship between the breath or blood alcohol concentration (AC) of the driver at the time of an event such as a traffic stop or an accident and the AC measured at a time subsequent to the event. In theory, the AC can be rising, on a plateau or declining at the time of the event. Several studies have indicated that the overwhelming majority of drinking drivers are on a plateau or are post-absorptive at the time of the event. In this study, driver fatality cases investigated by the Office of the Chief Medical Examiner, State of Maryland during a three-year period were reviewed. Included in this study were cases positive for alcohol in the blood at a cutoff of 0.01 g/dL and death occurring within 15 min of the accident. In fact, many of these deaths were instantaneous or near instantaneous based on the injuries documented by the medical examiner at autopsy. The blood and urine were analyzed for alcohol by head-space gas chromatography and urine AC to blood AC ratios were calculated. A total of 129 cases were included in this study. Eleven of the 129 cases (8.5%) had urine to blood AC ratio less than 1.0. It is likely that these individuals were in the absorptive phase at the time that the accident occurred. Thirty-two cases had a urine to blood AC ratio between 1.0 and 1.2 inclusive. In these cases, the subject could be viewed as in the plateau phase of the blood AC versus time curve. The remaining 86 cases had a urine to blood AC ratio greater than 1.2. This suggests that these individuals were in the post-absorptive state at the time of the accident. The information acquired from this study provides additional evidence to support the notion that the vast majority of individuals are not in the absorptive phase at the time of a traffic stop or an accident.     

Court processing and sentencing of drinking drivers: Using new methodologies

Driving while intoxicated (DWI) offenses provide a unique focal point for research in criminology. In recent years, legislative and media attention has increasingly focused on the harmful acts of drunk drivers, but little is known of the characteristics of individuals arrested for driving while drunk or of the court processing and sanctioning of such offenders. The research presented here uses a variety of methodological techniques to analyze individual-level court processing data for persons convicted of DWI on a revoked license. We find that the population of persons processed for this offense have certain characteristics which are not unlike those of persons processed for street crimes. Further, we find evidence of differential sanctioning related to ethnicity and level of education. We conclude with a call for future investigation of court processing to understand better why the DWI legislative mandate is being applied differently across social groups.     

Alcohol addiction and perceived sanction risks: Deterring drinking drivers

This study argued that while sanctions deter offenders from being involved in future drinking-driving offenses, alcohol addiction prevents individuals from making rational choices, and, thus, increases offenders' chances of being involved in drinking driving regardless of the certain, severe, and swift punishments they had experienced. Results indicated that, individuals with more severe alcohol addiction problems had increased chances of committing multiple offenses regardless of the sanctions that they had experienced relative to those with less severe alcohol-related problems. Findings seemed to suggest that criminal justice sanctions alone might not obtain expected deterrent impacts on individuals with alcohol and other addiction problems. Drinking drivers and other drug and alcohol offenders should be screened for substance abuse problems, and, if necessary, provided with treatment.     

Police drinking behavior and organizational deviance: An exploratory approach

Contemporary literature on police officer subculture has focused on correlates of cynicism while ignoring behavioral manifestations within law enforcement organizations. This paper explores the relationships between trouble due to drinking, cynicism, absenteeism, rank and deviation from police officers. Antecedent variables examined by regression analysis are observed to explain forty-eight percent of the total variance in police officer drinking scores and is highly significant. The relationship between a modified version of the Niederhoffer cynicism scale and the trouble due to drinking scale [r=−.22] is in an opposite direction than expected from anomie theory and seems to suggest that drinking behavior is an alternate adaptation to the stresses and strains of policing for older, higher ranking officers.     

Jocks, gender, binge drinking, and adolescent violence

Previous research has suggested a link between athletic involvement and elevated levels of adolescent violence outside the sport context. The present study expanded on this literature by positing differences in the sport-violence relationship across dimensions of athletic involvement (athletic participation vs. jock identity), type of violence (family vs. nonfamily), and gender as well as by examining the impact of binge drinking on the sport-violence relationship. Regression analyses using a sample of 608 Western New York adolescents indicated that (a) jock identity (but not athletic participation) was associated with more frequent violence, (b) jock identity predicted nonfamily violence (but not family violence), and (c) the link between jock identity and nonfamily violence was stronger for boys than for girls. Binge drinking predicted family violence among nonjocks only.     

Binge drinking and negative alcohol-related behaviors: A test of self-control theory

Binge drinking and alcohol-related behaviors have been viewed as major concerns on college campuses. Although national studies were conducted to describe these behaviors, less research attempted to explain them. Self-control theory is extended as a theoretical framework to explain both while considering other known risk factors. Using a sample of college students (n = 268) from a university in the southern United States, the additive and interactive effects of self-control were modeled to predict binge drinking and negative alcohol-related behaviors. A series of multivariate regression models showed that low self-control had effects on binge drinking and related behaviors. Binge drinking's effect on negative alcohol-related behaviors varied across levels of self-control.     

长期饮酒对急性中毒大鼠死后体液内MDMA再分布的影响

目的研究长期饮酒对急性中毒大鼠体液中亚甲基二氧甲基苯丙胺(MDMA)死后再分布的影响。方法 SD雄性大鼠360只,随机均分为A、B、C、D 4组;A、B组以白酒,C、D组以双蒸水为饮用液体,4周后各组按150mg/kg MDMA剂量灌胃,处死后分置于25℃、4℃条件下;以VARIAN CP-3800气相色谱仪分别检测处死时血乙醇含量和0～10d内体液样品中MDMA浓度。结果 0～10d不同条件下,大鼠血液、玻璃体液及尿液中MDMA的PMR浓度变化趋势均为先升高、后降低;各时间点A、B组和C、D组大鼠各体液样本MDMA浓度较0h均有显著性差异(P<0.05),各时间点A与C组、B与D组之间体液样本MDMA浓度有显著性差异(P<0.05);A与B组、C与D组之间体液样本MDMA浓度有显著性差异(P<0.05)。结论长期饮用乙醇会降低MDMA在体液样品中的再分布,其影响程度高低依次为血液、尿液及玻璃体液;低温也可减少体液中MDMA的再分布。     

Identification of potential juvenile offenders

Conclusion In this article, we have reviewed the guidelines, from the criminological prediction tradition, that should be followed while developing a screening device for the identification of potential juvenile offenders. We were also able to recognize an appropriate screening strategy for prevention, even if more validation studies have to be conducted. Screening of juvenile offenders should rest on multiple stages, informants, methods, and variable domains. In addition, it was not possible to identify a satisfactory instrument for prevention screening. The candidate devices all have significant methodological deficiencies. Also, it was not possible to identify the particular predictors to retain for screening, even if there is a large consensus about the variable domains that are most important. To summarize, there is much technical work still to be done before we can develop appropriate screening instruments for the identification of potential offenders. Some screening strategies and instruments are promising, but none can be recommended for immediate use to policy-makers and practitioners. The state-of-the-art for the identification of potential juvenile offenders is such that the research community can only indicate how to develop good screening instruments. The research for this article was commissioned by the Study Group on Serious/Violent/ Chronic Offenders of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice of the United States of America. This paper is an adaptation of a more comprehensive review on screening for that study group.     

Injury potential of soft-air pistols

Report on a case in which an 8-year-old girl was injured on the left anterior thoracic wall by two shots fired by her 14-year-old cousin from a soft-air pistol (replica of mod. 17 make Glock, cal. 6 mm, solid plastic bullets); the projectiles caused two skin lesions, both reaching into the subcutis. The results of our own shooting tests with 2 different soft-air pistols and the injuries seen in our case confirm that soft-air pistols may cause penetrating soft-tissue injuries when fired from a short distance.