滥用职权罪因果关系研究

因果关系是指行为与结果之间决定与被决定、引起与被引起的关系。在刑法中,将某一结果归咎于某人的时候,往往需要查明其行为与结果之间是否存在刑法上的因果关系。因此,因果关系在定罪中具有重要意义。滥用职权罪属于结果犯,其罪与非罪界定的根据是犯罪行为与结果之间是否存在因果关系。本文指出由于滥用职权罪参与的行为人往往比较多,使得该罪因果关系的判断相当复杂,为能充分阐明这一问题,必须从因果关系理论的演进进行分析。     

浅析刑法上的因果关系——以被告人姜某某故意伤害案为例

刑法上的因果关系是指危害行为与危害结果之间引起与被引起的合乎规律的联系。罪责自负是我国刑法的一项基本原则,所以一个人只对自己的危害行为所造成的危害结果承担刑事责任,故查明某一危害结果与某一危害行为之间是否存在因果关系,是决定行为人对该结果是否承担刑事责任的客观依据。本文以姜某某故意伤害案为例为例,简要分析了刑法上的因果关系,是以案说法。     

刑法因果关系研究——兼评不作为犯的因果关系

刑法因果关系的界定 （一）对刑法因果关系概念的辨析 刑法因果关系，有的学者认为，是指犯罪实行行为与对定罪量刑有价值的危害结果之间引起与被引起的合乎规律的联系。也有的学者认为刑法上研究的因果关系，是指人的危害行为与危害结果之间的因果关系。还有的学者认为．刑法因果关系是作为刑事责任的客观根据而存在于刑法之中的，它既是行为与结果之间的一种客观存在的事实因果关系，同时又是为法律所要求的法律因果关系，是事实因果关系与法律因果关系的统一。     

交通肇事案件中因果关系介入因素的分析

刑法中的因果关系是研究行为与危害结果之间引起与被引起的关系,是判断案件事实是否符合构成要件的一个重要问题,是对行为人定罪处刑的客观依据。因果关系的认定历来是刑法理论和司法实务中争论的焦点,尤其是在行为与危害结果之间存在介入因素,对行为引起危害结果的发展过程产生影响的情况下,因果关系的认定更是分歧不断。本文拟结合实务中的具体案例,围绕交通肇事案件中介入因素在因果关系的认定予以展开。     

刑法因果关系研究

危害结果是由有行为人的行为引起的、行为与结果之间存在因果关系,是行为人承担刑事责任的客观依据。正确理解刑法中的因果关系,对于正确解决刑事责任问题是至关重要的。在学理上,依据不同的标准和观点,可将因果关系作多种分类,其中必然因果关系和偶然因果关系是比较重要的一类。本文试通过分析这两者的区别和联系,就刑法因果关系问题提出一些看法。     

对刑法上偶然因果关系的理解

因果关系在自然和社会现象中普遍存在。在刑法上也有因果关系问题,刑法上的因果关系是指一定人的危害行为与危害结果之间因与果的联系,它以客观存在着的危害行为与危害结果的两种现象为前提,危害行为是危害结果发生的原因,危害结果由危害行为所引起,二者缺一,则无因果关系问题。刑法上的因果关系与哲学上的因果关系,是个别与一般,特殊与普遍的关系。     

也谈正确认识和认定刑法上的因果关系

认识刑法中的因果关系,应当先从行为的客观性质着手确定行为与结果有无因果关系,然后再结合行为人的主观罪过确定其行为是否属危害行为,进而确定其刑事责任的轻重;刑法中的因果关系是危害行为与危害结果之间的一种内在的、本质的联系,危害行为（即原因）的产生带有偶然性,刑法上因果关系本身是必然性和偶然性的辩证统一;应当正确区分因果关系中的原因与条件;不能把刑法上的因果关系与构成犯罪和承担刑事责任等同起来。     

刑法的因果关系简说

一定行为直接产生一定的结果,此种情况下,行为与结果间存在因果关系是很明显的,不辨自明.但是,现实中存在很多一定行为并非直接产生结果,而与其他事实相结合才发生结果的情况,想要断定此种情况下行为与结果之间的因果关系,则存在争议和疑难,就有研究刑法上因果关系的必要了.     

简析刑法因果关系中的"偶然,与"必然"

刑法上的因果关系不同于哲学上的因果关系,因为刑法中的因果关系是用以明确一个具体行为与损害结果之间的联系.这种特殊的因果关系的明确是确定最终行为人应受刑法惩罚的前提条件.法律不会处罚一个与危害结果无关的行为人,也不会轻易排除对一个与危害结果有关行为人的处罚的可能.因而其要求比哲学上的因果关系更严密,不容疏忽.本文通过肯定...     

从客观因果流程到刑法因果关系

条件说尽管饱受理论批判,但其仍然是刑法因果关系理论的起点,没有对条件说的修正或批判就没有其他因果关系理论。行为与结果之间的客观因果流程是需要用证据证明的客观事实,当客观因果流程被证明清楚,同时行为对结果的产生所起的作用不为0,条件关系才能被确认。刑法因果关系的本质是规范性的事实,是在客观因果流程被确认后的一种规范选择。因果关系在刑法解释学上必须具有法定性,当条件关系被确认后,符合构成要件的行为通过具体因果流程创造结果的风险与典型实行行为直接创造结果的风险具有相当性时,因果关系才能在刑法解释学中被肯定。     

侵权法上因果关系研究

侵权法上的因果关系是民事责任构成要件之一,对于确定民事责任具有不可替代的作用。但因果关系又是多年来一直困扰学者们的一个难题。因果关系的哲学基础与侵权行为法上的因果关系在目的上和范围上都是不同的;因果关系中的原因是违法行为还是过错、还是加害行为,是学者们一直在探讨而且远远没有解决的问题;在因与果的关联性方面,相当因果关系比必然因果关系更为合理,但也不能完全解决个案中因果关系的判断问题。     

The Impact of Self Control and Neighborhood Disorder on Bullying Victimization

PurposeWhereas past research has examined the effect of individual-level and neighborhood-level predictors of bullying victimization separately, the current study examines their effects collectively.MethodsMiddle and high school students (n = 1972) in randomly selected classes within a Southeastern school district completed a battery of self-report measures. Levels of self-control (an individual-level factor) and neighborhood disorganization (a neighborhood-level factor) were regressed onto measures of the six-week prevalence of verbal, physical, and cyber bullying victimization.ResultsLow self-control and neighborhood disorder were found to be associated with each type of bullying victimization, though the impact of self-control was partially mediated by neighborhood disorder when included in the same model. The effect of self-control was mediated when subsequently controlling for poly-victimization experiences. Net of these controls, neighborhood disorder continued to be associated with a statistically significant increase in the odds of bullying victimization.ConclusionsEconomic and social decay within neighborhoods increased the likelihood of bullying victimizations. These effects hold true across verbal, physical and cyber victimizations, suggesting a need to consider both community characteristics when staging bullying intervention campaigns. Additionally, the findings suggest a need for further research considering the relationship between self-control and neighborhood conditions on the risk of victimization generally.     

Comprehensive evaluation of pericardial biochemical markers in death investigation

Pericardial fluid (PCF) is a well-preserved cadaveric material in cases without structural damage. The present study investigated fundamental serum components of PCF, including total proteins (TP), albumin (Alb), urea nitrogen (UN), creatinine (Cr), uric acid (UA), glucose (Glu), sodium (Na), potassium (K), chloride (Cl), calcium (Ca) and magnesium (Mg) in PCF with regard to the postmortem and survival periods, and cause of death in serial medicolegal autopsy cases (n = 288) with intact pericardial and cardiac structures within 48 h postmortem. The amount of PCF (mostly 5–25 ml) showed no survival or postmortem time dependence, or difference among the causes of death. For all cases, there were moderate postmortem decreases of Na and Cl, and increases of K and Mg, which were insufficient for application to estimate the time since death; however, characteristic findings with regard to the cause of death were detected in cases of hours-long survival, especially in ‘functional causes of death’: higher Alb, UN, Cr, UA, K and Mg, and lower Na, Cl and Ca in intoxication; lower TP, Alb, Cr, K and Mg, and higher Na and Cl in hypothermia (cold exposure); higher Alb, UN, Cr, UA and Mg, and lower Glu and Ca in hyperthermia (heatstroke). These observations suggest the usefulness of pericardial biomarkers for investigating the cause and process of death to reinforce pathological and toxicological findings.     

Hypothermia Secondary to Glioblastoma Multiforme? Autopsy Findings in Two Cases

Death due to accidental primary hypothermia in cold climates is relatively common, with previous case series reflecting this. In contrast, hypothermia‐related death as a result of an underlying medical cause, such as a brain tumor, is rare. The literature clearly illustrates a theoretical causal relationship between brain neoplasms and hypothermia through the infiltration of the hypothalamus; however, the number of reported cases is minimal. Two cases are presented where autopsy confirmed hypothermia as the cause of death with both cases revealing widespread glioblastoma multiforme in the brain. Both decedents were elderly with a number of comorbidities identified during autopsy that could explain death; however, hypothermia was deemed the most likely cause. It is proposed that both decedents died of hypothermia as a result of the tumor's effect on thermoregulation. These cases underline the importance of forensic pathologists to be aware of the relationship between brain tumors and hypothermia and to not dismiss death as being due to other disease processes.     

The effect of frame rate on the ability of experienced gait analysts to identify characteristics of gait from closed circuit television footage

Forensic gait analysis is increasingly being used as part of criminal investigations. A major issue is the quality of the closed circuit television (CCTV) footage used, particularly the frame rate which can vary from 25 frames per second to one frame every 4 s. To date, no study has investigated the effect of frame rate on forensic gait analysis. A single subject was fitted with an ankle foot orthosis and recorded walking at 25 frames per second. 3D motion data were also collected, providing an absolute assessment of the gait characteristics. The CCTV footage was then edited to produce a set of eight additional pieces of footage, at various frame rates. Practitioners with knowledge of forensic gait analysis were recruited and instructed to record their observations regarding the characteristics of the subject's gait from the footage. They were sequentially sent web links to the nine pieces of footage, lowest frame rate first, and a simple observation recording form, over a period of 8 months. A sample-based Pearson product-moment correlation analysis of the results demonstrated a significant positive relationship between frame rate and scores (r = 0.868, p = 0.002). The results of this study show that frame rate affects the ability of experienced practitioners to identify characteristics of gait captured on CCTV footage. Every effort should therefore be made to ensure that CCTV footage likely to be used in criminal proceedings is captured at as high a frame rate as possible.     

The estimation of stature on the basis of measurements of the femur

The study aims to establish the relationship between body height and the greatest length of the femur. The motive for undertaking these examinations was the lack in the literature of studies that allow -- with reference to the current population of Central Europe -- the reconstruction of height while alive based on measurements of a skeleton. It was decided to examine isolated bones from human remains undergoing forensic autopsy, and belonging to individuals of both sexes whose growth processes had stopped. Examinations were conducted on 91 human bodies from the contemporary Polish population. The research points to a very close relationship between the length of a dead body and the measured greatest length of the femur. This relationship was expressed in nine coefficients of correlation calculated for both sexes.     

导致物权变动之法院判决类型

法院判决可以直接导致物权变动,而无须物权变动的公示.导致物权变动的法院判决包括民事判决和刑事判决,但主要是民事判决,且限于诉讼判决中的形成判决.在形成判决中,只有具有对世效力且包含物权变动内容的形成判决才能导致物权变动,具体包括分割共有物的判决、撤销合同的判决和撤销债务人损害债权行为的判决等.     

Effect of Wind on Horizontal Displacement of Fatal Fall from a Height

The horizontal displacement of the human body resulting from fatal fall from a height is an important variable commonly used to inversely determine the cause or identify other forensic aspects of the fall. When examining the horizontal displacement, the wind effect is generally ignored. This technical note reports analytical modeling of the falling process, utilizing previous measurements of wind force acting on the human body, for determining the functional relationship between the wind speed and the horizontal displacement in the falling process. The result reveals that it does not take extremely rare wind conditions to cause a considerable shift of the human body, highlighting the importance to consider wind as a factor in investigations of fatal falls.     

Multidrug poisoning involving nicotine and tramadol

A fatal case of multidrug poisoning by tramadol and nicotine is reported. Tramadol is a centrally acting analgesic used in the treatment of moderate to severe acute or chronic pain. Nicotine, a lipid-soluble alkaloid, is one of the most readily available drugs in modern society. A 46-year-old man was found dead in his bed, and a suicide note was discovered near the body. He had 25 transdermal nicotine patches attached to his thorax and abdomen. Two half emptied bottles were found on the bedside table; the toxicological examination revealed that they contained tobacco and nicotine as well as other drugs such as diphenhydramine. At autopsy, areas of fresh and old myocardial infarction as well as diffuse pulmonary congestion and edema were present. The tramadol concentration was 6.6 μg/mL in femoral venous blood, while levels of nicotine and its primary metabolite cotinine were determined to be 0.6 and 2.0 μg/mL in femoral venous blood. Based on these results, we determined the cause of death to be cardiorespiratory failure induced by the additive effects of tramadol and nicotine shortly after consumption.     

Acute poisoning involving the pyrrolidinophenone-type designer drug 4'-methyl-alpha-pyrrolidinohexanophenone (MPHP)

A 36-year-old woman consulted the medical emergency unit of a private health center for abdominal pain and gastroenteritis of 5 days duration. Acute right pyelonephritis was diagnosed. Five hours after admission she became unconscious in a state of clinical shock. She was transferred to an intensive care unit but resuscitation attempts were unsuccessful and she died 3 h later. Three days after death, she was buried in the family vault. Five days after the burial, her husband lodged a complaint with the public prosecutor because he had not received a clear explanation from the physicians concerning the cause of his wife's death. After analysis of the medical records of the deceased by two forensic pathologists, a medicolegal autopsy was ordered by the public prosecutor. The corpse was exhumed and autopsy performed 9 days after death. Massive hemoperitoneum was diagnosed with a macroscopically ruptured subcapsular hematoma. Pathological study confirmed acute right pyelonephritis and demonstrated the precise cause of the hemorrhage: rupture of the hepatic artery at the hilar part, following infectious arteritis which was probably secondary to the acute pyelonephritis. To the best of our knowledge, this is the first published report of such a case.