Matching goods and people: aid and human security after the 2004 tsunami

This article asks why, despite an abundance of aid materials and the good intentions of various relief agencies, tsunami-relief efforts in Thailand after the Great Sumatra Earthquake of 2004 resulted in complaints and skewed aid distribution. Beginning with an analysis of how relief goods are distributed in practice, the focus of the article shifts to forces that cause certain types of goods to be concentrated in certain communities. It concludes by identifying the limits of the goods-based relief approach, introducing intangible resources and identity as more foundational dimensions in the study of distribution.     

从环境保护一体化看我国知识产权制度的完善

环境保护一体化要求将环境目标纳入到国家的其他政策领域,成为国家其他政策的一个组成部分,反映了当今世界环境保护、环境政策和环境法的发展趋势。从环境保护一体化的要求看,我国知识产权制度存在着诸多不适合环境保护的问题,其原因在于对知识产权的定位有偏颇,对环境保护的重要性认识不足。我国在知识产权制度的构建中应树立和贯彻环境保护一体化的思想,实现环境保护与技术进步的双赢。     

保护作品完整权的重构--对我国著作权法相关条款的质疑

我国著作权法上有关保护作品完整权的规范同日本、德国一样 ,都来源于《伯尔尼公约》。但后者却将其内容划分为作品本身遭受改动和作品本身没有遭受改动两种情形并规定了不同的构成要件。我国著作权法中有关作品完整权的规定在法律构造、保护水平上都失之偏颇。通过比较法上的分析 ,笔者对我国著作权法中有关作品完整权的规定提出了自己的建议。     

侦查阶段证明标准的重构

侦查阶段的证明标准相对模糊,可操作性不强,而且,绝大多数刑事案件的最终处理机关是人民法院,因而应当立足于司法实践的要求与证明任务完成的需要,对侦查阶段的证明标准重新设置。设置的内容包括实体内容与程序内容。     

薄层螺旋CT扫描在肋骨骨折法医学鉴定中的应用分析

目的明确薄层螺旋CT扫描及其图像后处理功能对肋骨骨折的诊断价值。方法取2018年在本鉴定所进行肋骨骨折摄片复查的被鉴定人为研究对象,年龄为41~80岁,共计125例,所有对象均在本鉴定所进行薄层螺旋CT扫描,根据现场CT影像学检查进行图像后处理并作出诊断,采用卡方检验对相关数据进行分析。结果本所复查的案例中,64例与原诊断不一致,发现漏诊149根肋骨骨折,时间跨度从伤后1个月至2年以上。距损伤时间越久,越难以发现漏诊。曲面重组(CPR)、容积再现(VR)、最大密度投影(MIP)对不同时间段陈旧性肋骨骨折的诊断率具有明显差异,MIP检出率最高,其次为VR,CPR则最低,各方法检出率比较,差异有统计学意义(P﹤0.01)。结论对于伤后不同时间段复查肋骨骨折,不同的CT成像方式各有其优势。     

The forensic investigation of vehicle–pedestrian collisions: A review

Rapid urbanisation, a steady increase in the number of vehicles, speeding, negligence in road safety, and other factors have led to the inevitable worldwide growth of road traffic accidents involving pedestrians. According to the ‘Global Status Report on Road Safety’ released by the World Health Organization, road traffic collisions are one of the leading causes of death for people of all ages, with approximately 1.35 million road fatality deaths occurring globally each year. Figures from the report also highlight that a large part of road deaths involves pedestrians as the most vulnerable road users. Therefore, forensic examination of vehicle–pedestrian collisions has become increasingly important in the detection, investigation and reduction of road casualties and permanent development of this discipline is urgently needed. Thus, this article aims to review the capability and effectiveness of forensic examination in tackling road fatalities and explores the most important aspects of this discipline, such as nature of a vehicle–pedestrian collision, common issues resolved by this type of examination and typical physical evidence used in the reconstruction of vehicle–pedestrian collisions. Moreover, the paper outlines the latest advances and approaches in the field.     

我国刑罚体系的反思与重构

在刑罚轻缓化的浪潮中,对我国刑罚体系的反思是刑罚改革的必然要求。刑罚体系的反思,必须正确认识刑罚的本质,树立正确的刑罚理念。目前,我国刑罚体系存在着死刑过重、生刑过轻、非监禁刑适用较少、刑罚结构不合理、各刑种衔接不完善等诸多问题。因此,对现行刑罚体系的重构应当从限制死刑、提高生刑、扩大罚金刑的适用和完善资格刑等方面入手。理念的更新和制度的完善,将促进我国刑罚轻缓化进程,进而推动我国法治的进步。     

Voluntary and involuntary resettlement in China: a false dichotomy?

The success of involuntary resettlement is contingent on recasting the involuntary as voluntary. To explore this proposition, this article presents two projects in China – one “voluntary” (Poverty Alleviation Resettlement or PAR) and relatively “successful” and one “involuntary” (Three Gorges Project Resettlement or TGPR) and less so. The research finds the voluntary–involuntary dichotomy a false one. It is not volition that leads to better outcomes, but people-centred practices that are embedded in policy, planning, and implementation of PAR. Perhaps the most important lesson drawn is that all resettlements should be based on a commitment to settlement and not just resettlement.     

Overcoming poverty and inequality: Rwanda's progress towards the MDGs

Despite the 1994 genocide there has been annual growth in Rwanda every year since 2000. Poverty has decreased; while the MDG target of 23.8% is unlikely to be met by 2015, the future looks hopeful. The goal of reducing hunger is measured by underweight children – already down to target – and extreme poverty – likely to hit the target. Key to success is reducing dependency on the land, but a majority of the population still depend on their farm or plot. However, hitting targets for reducing poverty is not the same thing as abolishing it, and achieving targets does not necessarily solve problems.     

Characteristics of Backspatter on the Firearm and Shooting Hand—An Experimental Analysis of Close‐range Gunshots

Contact and close‐range gunshot injuries can produce bloodstains on the shooting hand and weapon. In this study, backspatter was analyzed in experimental horizontal pistol shots into blood‐filled sponges. The shooting distances were set between 0 and 45 cm. With increasing shooting distance, there was a significant decrease in the degree of backspatter. Microspatter could be detected on the weapon and shooting hand up to a shooting distance of 40 cm. They were predominantly located on thumb and index finger as well as the radial dorsal aspects of the hand. Fine spray of microspatter combined with elongated droplets in the shape of exclamation marks was found at contact and 2‐cm distance shots. An angular calculation based on the shape of the bloodstains was possible up to a shooting distance of 2 cm. No bloodstains were detected beyond 45 cm.