The case of Dr. Shipman

On January 31, 2000, Dr. Harold Shipman was convicted at Preston, England, of murdering 15 of his patients by administering lethal doses of diamorphine (pharmaceutical heroin). Investigations indicate that, during his working life, he killed about 220 to 240 of his patients. The bodies of many victims were cremated. Twelve victims were exhumed, and 9 of these deaths were included in the indictment. Most victims were elderly and had histories of natural disease. Autopsies confirmed known natural disease but showed no evidence of acute lethal events. Analysis of skeletal muscle disclosed significant quantities of morphine, to which the deaths were attributed. Circumstantial evidence was strong, as illustrated by the convictions in 6 deaths without autopsy or toxicology, because the bodies had been cremated. Organic compounds are remarkably stable in buried bodies. Even so, detection and quantitation of morphine in exhumed bodies may become problematic after burial for 4 years or more. Morphine glucuronide is slowly converted back to free morphine in the buried corpse.     

Private Regulation of the Public Sector: A Neglected Facet of Contemporary Governance

The centrality of regulation among the tools deployed by governments is well established in the social science literature. Regulation of public sector bodies by non-state organizations is an important but neglected aspect of contemporary governance arrangements. Some private regulators derive both authority and power from a legal mandate for their activities. Statutory powers are exercised by private regulators where they are delegated or contracted out. Contractual powers take collective (for example, self-regulatory) and individuated forms. But a further important group of private regulators, operating both nationally and internationally, lack a legal mandate and yet have the capacity to exercise considerable power in constraining governments and public agencies. In a number of cases private regulators operate more complete regulatory regimes (in the sense of controlling standard setting, monitoring, and enforcement elements) than is true of public regulators. While private regulators may enhance the scrutiny given to public bodies (and thus enhance regimes of control and accountability), their existence suggests a need to identify the conditions under which such private power is legitimately held and used. One such condition is the existence of appropriate mechanisms for controlling or checking power. Such controls may take the classic form of public oversight, but may equally be identified in the checks exercised by participation in communities or markets.     

ALLOCATING CUSTODIAL RESPONSIBILITIES AT DIVORCE

The American Law Institute's Principles of the Law of Family Dissolution: Analysis and Recommendations contains a set of detailed reform proposals for the allocation of custodial responsibility for children among parents, including the approximation rule . This article examines two bodies of social science evidence that explicitly or implicitly were used to justify the approximation rule, attachment theory and research and research on the impact on children of shared parenting arrangements subsequent to divorce . These two bodies of evidence used to justify the approximation rule are reviewed and evaluated to provide an assessment of its social-based rationales.     

A study on the standard for forensic anthropologic identification of skull-image superimposition

By means of X-ray photography tests were made of 224 (100 males and 124 females) volunteer Chinese adults of Han nationality to study the related regular patterns of superimposed projection of face landmarks onto the skull. On the basis of these tests, the present article reveals from a forensic anthropology angle the related regular patterns of plane projection of the human face with its skull. Study shows that there exist a strict individual identity and exclusiveness in relation between the human face and skull. The related regularity of displacement of face landmarks appears in projection of the skull with the human head at different photographic positions and angles. On the basis of this discovery, 52 indexes in 4 groups were established as a standard for judging the identification of a skull's body origin by means of skull-image superimposition. Based on forensic anthropology, the technique has raised to a great extent the credibility of unknown skull identification. In the past 8 years, 89 unknown skulls have been identified with their body origins which provided important and accurate evidence for the solution of murders with dismembered bodies, skeletonized bodies, and unidentified dead bodies.     

平台经营者超高定价的反垄断法规制

淘宝商城事件折射了平台经营者定价的现实困境:双边市场的交叉网络外部性和互补性等经济特点决定了平台经营以不对称定价为基本特征,但从法律角度看,实施免费策略的一边市场可能涉嫌掠夺性定价,而回收总经营成本的另一边市场又可能涉嫌超高定价。如何在分享平台经营降低交易成本、提高消费者福利等正面经济效应的同时,恰当界定这种新型经营者的权利、义务边界,避免其市场力量的不当利用,是平台经营者定价反垄断法规制中需要考虑的核心问题。     

行政主体责令承担民事责任的法律属性

我国大量法律法规规章中规定了大量的行政主体责令承担民事责任的内容。由于该内容往往设置在"法律责任"部分,并与行政处罚揉杂在一起,理论上和实践中,人们往往将其认定为行政处罚、行政制裁或者行政法律责任,从而只看到了其行政性而忽略了其司法性。行政主体责令承担民事责任本质上就是行政主体以中间人的身份对当事人之间民事权利义务关系作出的类似司法判决的裁决,具有民事性、中间性和司法性特征,应当属于行政裁决。它与责令改正及作为责令改正形式之一的责令赔偿国家损失也不相同。认定该种行为的行政裁决属性,有利于妥善处理行政权与民事主体意思自治之间的关系,有利于保障处理结果的公平和公正。     

Rectal temperature time of death nomogram: dependence of corrective factors on the body weight under stronger thermic insulation conditions.

Ninety-eight test coolings were made under various cooling conditions (moving air, two types of both clothing and covering) on dummies of real masses of 1, 3.3, 9.9, 24.5 and 33.4 kg, respectively, which cool under standard conditions (unclothed, uncovered, still air) like human bodies of 14, 33, 41, 83 and 104 kg, respectively. The results provide evidence of a non-linear dependence of corrective factors of body weight upon the body weight. The dynamics of the dependence increases with the thickness of thermic insulation. Transferred to the use of the nomogram method on bodies, cooling conditions requiring corrective factors between 0.75 (moving air) and 1.3 (rather thin clothing/covering), known from experience on bodies of an average weight, can be used as in the past, independent of the body weight. According to experience the dependence of corrective factors on the body weight must be taken into account in bodies of a very high or low body weight. For that purpose both a simplified table and a formula for computing is given.     

Proposal for internet-based Digital Dental Chart for personal dental identification in forensics

A dental chart is very useful as a standard source of evidence in the personal identification of bodies. However, the kind of dental chart available will often vary as a number of types of odontogram have been developed where the visual representation of dental conditions has relied on hand-drawn representation. We propose the Digital Dental Chart (DDC) as a new style of dental chart, especially for open investigations aimed at establishing the identity of unknown bodies. Each DDC is constructed using actual oral digital images and dental data, and is easy to upload onto an Internet website. The DDC is a more useful forensic resource than the standard types of dental chart in current use as it has several advantages, among which are its ability to carry a large volume of information and reproduce dental conditions clearly and in detail on a cost-effective basis.     

面对中国的证据法学——兼评易延友《证据学是一门法学吗》

通过对证据学和证据法学历史分野的考察,可以发现诸多学者曾经对证据法学独立作出的努力,证据法学独立于证据学以及程序法学是一个基本的趋势。回顾我国从1930年到2005年证据法学的起步、发展、挫折到恢复的历程,虽然有不同时代的学者对证据法学研究作出的贡献,但也存在相当多的问题,甚至重新纠缠于证据学的研究之中。如果要立足于证据法学的继续发展,应该借鉴英美证据法学的学术资源,明确研究的对象,改进研究方法,并在研究的程度上进一步深入。     

Body Transportation after Homicides: Offender and Offense Characteristics

Body transportation is defined as moving the body of the victim from the scene of a homicide to another location. We analyzed data on 513 South Korean homicide cases with convictions to compare 104 homicides involving the transportation of victims’ bodies with 409 homicides that did not. Offenders who transported their victims’ bodies were significantly younger and more likely to be related to the victims and were less likely to use sharp instruments and more likely to use blunt instruments or strangle the victims than offenders who did not. Victims of homicide involving body transportation were more likely to suffer injuries to the neck and head and less likely to suffer injuries to the torso. Finally, offenders who transported victims’ bodies were more likely to have planned the offense and destroyed evidence. The present findings have practical implications for police investigations.     

新冠肺炎等传染病与法医学鉴定评述

新冠肺炎致死或引发的其他法律纠纷可能涉及法医学病理解剖或者法医临床学鉴定。在日常法医学解剖中时有遇到因传染性疾病死亡患者的尸体,法医鉴定机构及鉴定人应当有风险识别意识,充分认识到在解剖、检查这类尸体时的被传染风险。法医鉴定人需要采取充分有效的防护措施。由于新冠肺炎属于新型传染性疾病,相关研究成果、信息资料更新快,鉴定中的信息参考要慎重选择。同时本文对因传染性疾病死亡患者的尸体解剖中常见的职业伦理、知情同意、保险理赔和环境保护等问题进行讨论。     

知识产权变动登记效力模式探析——以专利权为例

专利权作为绝对权,在变动过程中关涉不特定多数人利益,因此其在变动中的公示方式及其效力模式的选择至关重要。通过分析,在我国现行法律体系下,专利权变动宜采登记证明主义和登记生效主义,但在应然层面上,或许采登记证明主义和登记对抗主义更为合适。专利权变动登记模式可以适用于整个知识产权。     

The Presumption of Innocence in the Trial Setting

The starting frame with which jurors begin trials and the approach which they should take toward the presentation of evidence by the prosecution and defense are distinguished. A robust interpretation of the starting frame, according to which jurors should begin trials by presuming the material innocence of defendants, is defended. Alternative starting frames which are less defendant‐friendly are shown to cohere less well with the notion that criminal trials should constitute stern tests of the government's case against those it has charged with crimes. The intuitive case for the robust presumption of innocence is supplemented with empirical evidence concerning the psychology of belief formation and preservation. Various objections to the proposed starting frame are addressed.     

Drowning without aspiration: is this an appropriate diagnosis?

It has been reported that 10-15% of drowning victims do not aspirate water. We have revisited the original studies quoted to reach this conclusion and find it is without foundation. Sudden cardiac standstill is known to occur on land and, therefore, may also occur when the victim is in water. In the absence of the common finding of significant pulmonary edema in the victim's respiratory system, to conclude his or her death was caused by "drowning without aspiration" is unwise. All causes of sudden death that might occur in which respiration may not take place should receive serious consideration when examining bodies with such findings that are found in water.     

再论如何正确应用DNA证据

以英美法系和我国司法实践中鉴定人角色差异为视野,深入探讨DNA证据应用领域中的三个经典命题的推导主体,明确鉴定人在DNA证据应用中的职责权限,避免DNA证据被错误解读和应用,并尝试以证据的相关性、可采性和证明力为基础,探讨我国司法实践中DNA证据正确应用的途径.     

水权概念研究

水权概念的厘清是水权制度建设与水权理论研究的前提,我国法学界对水权概念、水权客体以及水权性质等问题争议很大。水权兼具私权、公权双重属性,其客体为水体。取水权为用益物权,不同于水资源所有权与水所有权。目前,《物权法》所确定的取水权是水权最主要的形态。水权具有抽象化定义之前,枚举式的定义比较可取。     

Social isolation and delayed discovery of bodies in houses: the value of forensic pathology, anthropology, odontology and entomology in the medico-legal investigation

The bodies of socially isolated people may remain undiscovered in their own houses for prolonged periods. Occasionally the body is in situ for sufficient time to become skeletonised, or partially so. Medico-legal investigation of these cases is complicated by degradation and contamination of evidence. Thus, a multidisciplinary forensic investigation is recommended. The potential contributions of forensic pathology, anthropology, odontology and entomology are outlined here with reference to two cases that occurred in Victoria, Australia, in 2003. Forensic pathologists are often unable to determine the cause of death in skeletonised bodies, however, they may find evidence to support either a natural or unnatural mode of death, and they may describe skeletal pathology or trauma, and identify skeletal features to support radiological identification of the deceased. Anthropologists can provide supplementary evidence of skeletal trauma. Additionally, they can assess age, sex, stature and racial affiliation from skeletal remains. Odontologists can identify individuals through comparison with ante-mortem dental records; however, potential difficulties exist in identifying the treating dentist of a socially isolated person. Odontologists may also examine the teeth and oro-facial skeleton for trauma. Entomologists may estimate minimum death time and/or season of death. Entomological examination of insect remains may also confirm that a body has lain in situ for a considerable period.     

Interpretación de normas internacionales de distintos ordenamientos bajo el acuerdo de obstáculos técnicos al comercio de la OMC

This study gives evidence through the International Comparative Law, two rules that come from standardization bodies of different nature, such as standards of the International Organization for Standardization (ISO) and ASTM International (ASTM International), which are recognized in the international trade and domestic trade, but it plays erratically, being in some significant cases and not in others mandatory. Thus constituting real technical barriers to trade through discriminatory criteria, contrary to the provisions and spirit of the Agreement on Technical Barriers to Trade (TBT) of the World Trade Organization (WTO) and Free Trade Agreement (NAFTA), of which Mexico, the U.S. and Canada are also part.