中国的伙伴关系外交与“一带一路”建设

伙伴关系外交和“一带一路”倡议是中国独立自主和平外交政策的重要体现,二者虽然产生于不同历史时期,但在新时代实现有机对接。“一带一路”建设助力伙伴关系外交步入新阶段,伙伴关系外交为“一带一路”建设提供了重要支持。这主要得益于二者在价值理念、布局方向、建设目标等方面高度耦合,这种耦合也为二者进一步互助互补提供了可能和空间。未来一个时期,伙伴关系外交和“一带一路”建设需从加强机制建设、突出重点内容、推进对欧合作、管控大国竞争等方面着手,推动中国特色大国外交不断开创新局面。     

编造、故意传播虚假信息罪的认定

【裁判要旨】对于行为人散布虚假疫情信息致使相关职能部门采取紧急应对措施的情形,可以从规范层面和价值判断层面考量相关职能部门采取紧急应对措施的正当性、合理性,得出散布虚假疫情信息行为与严重扰乱社会秩序的结果之间有无因果关系,从而认定行为人是否构成犯罪。对于此类犯罪的罪名认定问题,无论是运用文理解释、体系解释、历史解释还是目的解释的方法进行解释,抑或从法律和司法解释的效力位阶角度分析,都能得出以编造、故意传播虚假信息罪定罪处罚的结论。     

Street Egohood: An Alternative Perspective of Measuring Neighborhood and Spatial Patterns of Crime

Objectives

The current study proposes an approach that accounts for the importance of streets while at the same time accounting for the overlapping spatial nature of social and physical environments captured by the egohood approach. Our approach utilizes overlapping clusters of streets based on the street network distance, which we term street egohoods.

Methods

We used the street segment as a base unit and employed two strategies in clustering the street segments: (1) based on the First Order Queen Contiguity; and (2) based on the street network distance considering physical barriers. We utilized our approaches for measuring ecological factors and estimated crime rates in the Los Angeles metropolitan area.

Results

We found that whereas certain socio-demographics, land use, and business employee measures show stronger relationships with crime when measured at the smaller street based unit, a number of them actually exhibited stronger relationships when measured using our larger street egohoods. We compared the results for our three-sized street egohoods to street segments and two sizes of block egohoods proposed by Hipp and Boessen (Criminology 51(2):287–327, 2013) and found that two egohood strategies essentially are not different at the quarter mile egohood level but this similarity appears lower when looking at the half mile egohood level. Also, the street egohood models are a better fit for predicting violent and property crime compared to the block egohood models.

Conclusions

A primary contribution of the current study is to develop and propose a new perspective of measuring neighborhood based on urban streets. We empirically demonstrated that whereas certain socio-demographic measures show the strongest relationship with crime when measured at the micro geographic unit of street segments, a number of them actually exhibited the strongest relationship when measured using our larger street egohoods. We hope future research can use egohoods to expand understanding of neighborhoods and crime.

     

法医学尸体检验职业防护指南(建议稿)

法医工作者的职业暴露风险极大,案件现场及尸体上的有毒有害物质、高致病性微生物以及利器、骨折等因素均可能给法医带来身心伤害甚至生命危险。随着经济社会发展,法医的工作环境已经较过去显著改善,但是针对个人防护的重视程度仍需提高。近年来公共卫生事件频发,给法医职业防护带来新的挑战,迫切需要借鉴生物安全领域的先进技术和防护理念,以满足新形势下法医工作的需要。本指南立足当前法医职业防护的实际需求,从暴露风险、防护分级、应急处置等角度阐述,希望能为制定法医职业防护相关标准提供参考,以指导法医工作者开展个人防护工作,为提升法医职业化水平和身心健康提供帮助。     

对认罪认罚案件量刑建议若干问题的认识与把握

认罪认罚从宽制度适用的核心在于对量刑建议的准确理解和把握。在实践中,由于对量刑建议一些问题的理解不准确,影响工作顺利推进。为统一认识,2019年11月13日,山东省高级人民法院、省检察院、省公安厅、省司法厅、省国家安全厅在充分吸收“两高三部”《关于适用认罪认罚从宽制度的指导意见》(以下简称《指导意见》)精神的基础上,联合下发了《关于适用认罪认罚从宽制度办理刑事案件的实施细则》(以下简称《实施细则》)。     

Efficiency over generosity? Evidence of electoral accountability from typhoon dayoff in Taiwan

ABSTRACT

Even though voters may irrationally blame the incumbent for natural disasters, democratic accountability can still hold if voters also reward the government for good responses. This article approaches the response-reward question by exploring the election impact of typhoon dayoff decisions in Taiwan. County mayors are responsible for deciding the dayoffs before a typhoon, so voters can easily and immediately observe the quality of the mayor's decision and fully attribute the outcome to him. Results combining 2005–2014 weather, election, and ten survey datasets show that a correct dayoff, which a dayoff was announced and the storm was tomorrow is harmfully strong, can significantly increase the incumbent's vote share. The effect is larger in the election year. Meanwhile, Taiwanese voters also slightly reward the incumbent for a bonus dayoff, which the storm is unexpectedly weak. Evidence also shows that mayors exploit the incumbent advantage by announcing more correct and bonus dayoffs.     

论跨境电子证据司法协助简易程序的构建

跨国网络犯罪的增加使得跨境电子取证的实际需求日益旺盛,我国在2018年颁布了《国际刑事司法协助法》,目的之一是加强国际合作打击跨国犯罪,为我国履行国际条约义务提供法律依据。但在司法实践中,我国的跨境电子取证面临着理论困境和实践困境。网络主权、司法管辖权理论使得单边取证存在着非法性可能。传统跨境电子取证因数据本地化存储和"倒U型"取证结构而效率不高。现有的国际司法协助程序繁杂、时间冗长,无法满足打击跨境犯罪和电子证据取证的现实需求。因此跨境电子取证的简易程序构建具有必要性和紧迫性,对现有司法协助程序进行适当简化,遵循合法性原则和效率性原则,构建境内外双方执法者直接合作方式合法化、派员调查取证方式、建立个案电子取证协助机制三种途径。     

Postmortem Computed Tomography in Firearm Homicides: A Retrospective Case Series,

Postmortem computed tomography (PMCT) is integrated into the evaluation of decedents in several American medical examiner offices and medicolegal death investigative centers in many other countries. We retrospectively investigated the value of PMCT in a series of firearm homicide cases from a statewide centralized medical examiner’s office that occurred during 2016. Autopsies were performed or supervised by board-certified forensic pathologists who reviewed the PMCT scans prior to autopsy. PMCT scans were re-evaluated by a forensic radiologist blinded to the autopsy findings and scored by body region (head–neck, thoracoabdominal, and extremities). Injury discrepancies were scored using a modified Goldman classification and analyzed with McNemar’s test. We included 60 males and 20 females (median age 31 years, range 3–73). Based on PMCT, 56 (79.1%) cases had injuries relevant to the cause of death in a single body region (24 head–neck region, 32 thoracoabdominal region). Out of these 56 cases, 9 had a missed major diagnosis by PMCT outside that region, including 6 extremity injuries visible during standard external examination. Yet all had evident lethal firearm injury. We showed that PMCT identifies major firearm injuries in homicide victims and excludes injuries related to the cause of death in other regions when a single body region is injured. Although PMCT has a known limited sensitivity for soft tissue and vascular pathology, it can be combined with external examination to potentially reduce or focus dissections in some of these cases depending on the circumstances and medicolegal needs.     

Postmortem Computed Tomography and Magnetic Resonance Imaging of Gunshot Wounds to the Neck

Postmortem magnetic resonance imaging (MRI) is rarely used for the radiologic assessment of gunshot injuries, although it has clear advantages over postmortem computed tomography (CT) with regard to the imaging of soft tissue injuries. Another benefit in using MRI is that lodged projectiles composed of nonferromagnetic material such as lead present only marginal metal artifacts compared with severe artifacts on CT. This case report presents CT and MRI findings in a case with two gunshot wounds to the neck: a perforating wound and a nonperforating wound with a lead bullet lodged in the cervical spine. The decedent underwent CT and MRI before the scheduled autopsy. A ring of radiopaque material under the dermis in the fatty tissue was identified at both entrance wounds on CT, which was indicative of contact shots. The perforating gunshot was clearly indicated on CT by bullet fragments along the wound channel through the perforated 6th cervical vertebra and the fractured cricoid cartilage at the exit wound. The second trajectory, however, was only assumed based on the presence of gunshot residues at the entrance wound and the position of the lodged bullet. The radiologic assessment was severely impeded by the metal artifacts on CT. Barely noticeable metal artifacts on MRI allowed for clear visualization of the soft tissue injuries and the ruptured medulla oblongata. Only MRI clarified the soft tissue injuries of the brainstem noninvasively, which could provide specific and graphic information on the rapidity of death and the incapacitation of the victim.     

跨越东西差异,践行多边主义

今年中方的出席具有特殊意义,因为我和我的同事是从前线而来。中国政府正在习近平主席坚强领导下,全力抗击一场突如其来的新型疫情,14亿中国人民团结一心,投身到这场没有硝烟的战争之中。我们决心守护武汉,守护湖北,守护与病毒抗争的每一位骨肉同胞,坚决打赢这场疫情阻击战。