析对知识产权客体法律确认性的适度突破--变"法律确认"为"法律确认和法官确认"

因为知识产权客体的无形性,所以需要法律的特别确认,这是知识产权客体种类与物权客体种类认定的重要不同之处,这一特点在今天的信息社会已经显得有些滞后,难以满足不断出现新型知识产权客体的需要.为弥补这一缺陷,应进行制度创新,即变单纯法律确认为"法律确认为原则,法官确认为补充".所谓"法官确认"是指由法律界定知识产权客体种类认定的法定标准和法定程序,当有侵权行为发生时,权利人可请求法院依据该标准和程序对涉及的争议客体是否为知识产权客体依法作出认定.笔者认为,应将信息性、创造性、可复制性、实用性、私有性和有益性作为知识产权客体认定的法定标准.     

法学体系中存在中义的"社会法"吗?--"社会法"语词使用之确定化设想

我国学者近十年来在法学体系研究中,所使用的"社会法"语词可以归类为狭义、中义、广义和泛义四种.我国法律体系中也使用了中义社会法的概念.法学体系与法律体系存在着辩证关系.为了在社会法研究中解除困惑、方便使用,建议将这些相关语词统一为"社会保障法"、"社会法"、"社会法域"和"社会中的法".     

迈向合作治理:通过法律规制平台经济的制度边界及优化

通过法律规制平台经济的过程,其实质是在治理平台经济发展带来的负面性问题。借助法律多元主义理论视角分析平台经济发展的制度供给,会发现国家法律与平台规则共同构成平台经济发展的制度约束与保障,同时也是平台治理的重要制度资源。任何一项制度资源的投入会随着制度实施的环境条件以及制度执行者的价值观念变化而产生制度成本与效益的边际效应,这就为国家法律与平台规则的功能范围设定了制度边界,因而需要优化配置制度资源的投入和组合。而国家法律和平台规则的互嵌性,以及国家法律与平台规则在服务于平台经济创新发展的目标耦合性,也就决定了国家法律和平台规则之间存在制度合作的空间。因此在平台经济治理中,通过审慎评估国家法律在平台经济领域的实施效果,有效吸纳平台规则的治理优势,优化政府监管执法资源投入,可以有效形成合作治理的平台经济秩序。     

Typeability of AmpFlSTR SGM Plus loci in brain and thyroid gland tissue samples incubated in different environments

Autolysis and putrefaction are crucial factors responsible for degradation of cells, tissues, and organs. Postmortem changes may assume different course depending on extrinsic and intrinsic conditions. The aim of the study was assessment of environmental effect on typeability of AmpFlSTR SGM Plus loci: D3S1358, VWA, D16S539, D2S1338, D81179, D21S11, D18S51, D19S433, TH01, FGA, and gender marker amelogenin. Brain and thyroid gland tissue specimens collected during autopsies of five persons aged 20-30 years were incubated at 21 degrees C and 4 degrees C in different environmental conditions. DNA was extracted by organic method from tissue samples collected in 7-day intervals and subsequently typed using AmpFlSTR SGM Plus kit and ABI 310. A fast decrease in typeability rate was seen in specimens incubated in peat soil and in sand. Brain tissue samples were typeable in all AmpFlSTR SGM Plus loci within 126 days of incubation at 4 degrees C. Faster DNA degradation was recorded in thyroid gland specimens. In samples with negative genotyping results, no DNA was found by fluorometric quantitiation.     

Assessment of intra- and intercostal variation in rib histomorphometry: its impact on evidentiary examination

Rib histological age estimation requires the evaluation of the middle third of the sixth rib. Human ribs have thin cortices and, when recovered, are often fragmented or absent, making it difficult to identify a specific midthoracic rib. This research explores the amount of microstructure variation in the middle third of the midthoracic ribs and determines whether the sixth rib age prediction equation can be applied to non-sixth ribs with similar accuracy. The amount of variability must be evaluated in order to meet the criterion for evidentiary examination. The sample consists of 120 cortical bone cross-sections from the middle third of ribs 3-8 removed from 20 cadavers. For each rib, osteon population densities (OPDs) and associated age estimates were calculated. The results demonstrate that non-sixth ribs can provide similar OPD values compared with those of the sixth ribs; however, individual variation proved to be significantly associated with bias, suggesting that individual factors influence the magnitude and direction of bias in non-sixth rib OPD values. This demonstrates the importance of evaluating multiple cross-sections (both intra- and inter-rib) to estimate age due to the normal remodeling variation within individuals.     

Morphological and spectroscopic measurements of plastic bags for the purpose of discrimination

The discrimination of noncolored transparent polyethylene bags was studied by several nondestructive and semidestructive analytical methods. X-ray diffraction, infrared spectroscopy, and optical microscopy (differential interference contrast microscopy and phase contrast microscopy) were applied to polyethylene films. X-ray diffraction was used to distinguish variations in the crystalline phase, infrared spectroscopy was used to distinguish variations in the molecular components, and optical microscopy was used to distinguish the different surface morphologies. The results show that X-ray diffraction classifies the crystalline phase of the film depending on whether it is made from low-density polyethylene, linear low-density polyethylene, or high-density polyethylene; that infrared spectroscopy is useful to distinguish the molecular components and it is the most discriminating technique; and that optical microscopy discriminate films easily by their morphological differences.     

Evaluation of Purkait's triangle method for determining sexual dimorphism

The identification of sex from the skeleton is an important demographic assessment in medicolegal investigations. Rama Purkait developed a method for estimating sex using measurements from a triangle defined by three points on the proximal end of the femur using skeletal material from Bhopal, India. This method was tested with measurements on 200 Indo-European and African American adult femora from the Terry collection using discriminant function analysis to determine if Purkait's method was valuable for determining sex in Americans. A side-by-side analysis was conducted of Purkait's "triangle method" and the maximum diameter of the femoral head to determine their relative value in assessing sexual dimorphism. In the study sample a single variable from Purkait's method provided 85.5% prediction accuracy, similar to 87% for the head diameter. Combining threshold values for a single variable from Purkait's method and the femoral head diameter raised the predictability to greater than 90% for both sexes.     

An unusual case of sudden unexpected death: postmortem investigation and biomechanical analysis of the cervical spine

A naked man died under peculiar circumstances and the postmortem examination revealed unexpected lesions in the cervical spine. Investigations of the cervical spine (computed tomography, magnetic resonance imaging, and histological examination) showed that a piece of bone was torn of the anterior part of vertebra C6 and that there was fresh bleeding in the surrounding tissue. The cause of death remained unclear but was most likely cardiac arrhythmia initiated by beta-2 agonist inhalation due to an acute asthmatic attack. Data from biomechanical investigation using finite element analysis supported the conclusion that the cervical spine injury was secondary to impact during falling as a consequence of the cardiac arrhythmia.     

Appearance of chemical burns resulting from the washing of a deceased body with bleach

The authors report on a case of postmortem washing of a body with bleach. An adult female victim was found nude in an alleyway with both hands removed in the City of Westminster, CO. Cause of death was attributed to severe blunt force trauma to the head. The victim had been dumped in the alleyway within 7 h of discovery. Evidence discovered at the crime scene and autopsy indicated that the murder and subsequent washing of the body with bleach occurred at a secondary location(s). The victim was wet to the touch, presenting a strong odor of bleach. Several "ribbon"-like burn patterns were observed on the victim's back and upper thighs. These burn marks were replicated by dowsing a deceased pig with an over-the-counter concentration of bleach.     

正中神经与尺神经吻合的解剖学研究及法医学鉴定意义

目的探讨中国人群正中神经-尺神经吻合(Martin-Gruber anasmotosis,MGA)情况及其对尺神经损伤法医学鉴定的影响。方法通过105例中国人上肢正中神经、尺神经解剖,观察MGA变异情况,对MGA的分型、走行及位置等进行分析,了解该变异对尺神经损伤法医学鉴定的影响。结果105例中发现24例MGA,MGA出现率为22.9%,男性出现率略高于女性,单双侧及左右侧无明显个体差异。24例MGA中,I型>Ⅱ型>Ⅳ型>Ⅲ型(分别占45.8%,25%,16.7%和12.5%)。正中神经起始点位于内外髁连线上4.11cm至连线下9.95cm,平均前臂连线下3.05cm;尺神经止点位置均在连线3cm以远,最远至连线下14.7cm,平均连线下8.05cm。结论中国人群存在MGA的位置多见于尺神经损伤的常见部位,对尺神经损伤的法医学鉴定有一定的影响。