略论科学发展观指导下的党校法学教育

法学教育是培养、提高法律意识和法制观念的重要途径,党校法学教育是我国法学教育的重要组成部分,具有重要的地位和作用.新的形势对党校法学教育提出了更高的要求,搞好党校法学教育要注重把握改革的方向,不断完善教学方法.     

‘Illegal Migrants’, Gender and Vulnerability: The Case of the EU’s Returns Directive

Feminist legal efforts to make sense of the external migration policies of the European Union (EU) have focused almost exclusively on the EU’s initiatives against trafficking in women. This article examines one of the more neglected areas of EU immigration policy—the return of ‘illegal immigrants’. It analyses the so-called 2008 Returns Directive in the light of the multidimensional inequalities experienced by migrant women, which affect their migration status and expose some of them to the threat of removal. Owing to insecurities over external migration, the Directive constructs even the most vulnerable migrants as a threat to be controlled and is likely to result in detrimental consequences for many migrants, and in particular already vulnerable women who are likely to be further disadvantaged by it.     

论国家对宗教自由的适当限制

宗教自由同其他权利、自由一样,也不是没有界限的,一定程度上还需要国家的限制。同时,不能忽视的是,国家对宗教自由权的限制也是应当受限制的。一般而言,国家限制宗教自由应当遵守宗教自由法律保障的基本原则,即宗教自由原则、宗教平等原则、国家中立原则、宗教宽容原则。国家限制宗教自由的特有原则和界限,具体包括国家限制宗教自由应当遵守特有原则,即宪法保留原则、法律保留原则和比例原则以及国家限制宗教自由的界限——公共利益两个方面的内容。     

Reanalysis of the Trotter Tibia Quandary and its Continued Effect on Stature Estimation of Past‐Conflict Service Members

Forensic casework from past‐conflicts relies on the corrected historical Trotter data for stature estimation in Fordisc. For roughly 10 years’, stature estimation using this data has produced point estimates for the tibia that are on average 1.25 inches less than the other long bones. This issue was identified after applying the equations derived from Fordisc to the USS Oklahoma commingled assemblage. Reevaluation of Fordisc revealed that a correction factor of 20 mm, instead of 10 mm, was mistakenly applied to the Trotter tibia data. Historical forensic anthropology reports written at the Defense POW/MIA Accounting Agency were utilized to identify that the overcorrection is isolated to Fordisc 3 with an error rate of 5% of known antemortem statures falling outside of the prediction intervals that relied on the tibia. Further evaluation of the Oklahoma sample indicates the 10 mm correction is still producing point estimates less than the other long bones.     

论宗教信仰自由法律化的历史沿革——以西方国家为例

宗教信仰自由法律化是指将宗教信仰自由作为一项基本的法律权利纳入法律规范的具体规定中,并加以贯彻落实.宗教信仰自由法律化无论是在西方还是在我国,都经历了从一般保护到特殊保护的进程,其过程漫长而曲折.     

Violence against Women, Trafficking, and Migration in the European Union

Abstract:  This article examines the evolving EU policy against human trafficking, especially trafficking that targets migrant women for sexual exploitation. It maintains that even though action against trafficking is now firmly on the EU agenda, current policies excessively focus on repressive measures and lack attention to the broader setting in which the exploitation of migrants takes place. This means that current EU anti-trafficking policy remains ineffectual, and may in some cases even be counterproductive.     

Storm‐Related Postmortem Damage to Skeletal Remains

In April 2011, human skeletons were exposed to heavy storms at the outdoor Anthropology Research Facility (ARF) in Knoxville, Tennessee. Of the approximate 125 skeletons at the ARF in April 2011, 30 donations exhibited postmortem damage that could be attributed to the storms. At least 20 of the affected donations exhibit postmortem damage clearly associated with hailstones due to the oval shape and similar small size of the defects observed. The irregular shape and larger size of other defects may be a product of other falling objects (e.g., tree branches) associated with the storms. Storm‐related damage was observed throughout the skeleton, with the most commonly damaged skeletal elements being the scapula and ilium, but more robust elements (i.e., femora and tibiae) also displayed characteristic features of hailstone damage. Thus, hailstone damage should be considered when forensic practitioners observe unusual postmortem damage in skeletal remains recovered from the outdoor context.     

Analysis of Three Commonly Used Tibia Length Measurement Techniques

This study analyzes three tibia length measurement techniques on a sample of 107 tibiae. Two of the techniques meet published criteria by resting the tibia on its posterior surface with the longitudinal axis parallel to an osteometric board. The third technique does not adequately keep the longitudinal axis parallel to the board. Statistical analyses show low levels of interobserver error for all techniques and statistically significant differences between the third technique and the other two techniques. Results report a maximum difference of 6 mm between measurement techniques with the third technique having greater than 95% directional bias. A survey sent out to the American Academy of Forensic Sciences forensic anthropology community reported more than 50% of respondents having been taught the third technique when an osteometric board with a slot/hole is not available. The intermixing of the third technique with the other two has likely contributed to higher levels of interobserver error in tibia length measurements.     

论共同犯罪中的身份

犯罪主体的不同身份能够对共同犯罪的性质产生影响。中外刑法通说主张的共犯从属于正犯的观点,较好地解决了共同犯罪的定罪问题。对于纯正身份犯的共同犯罪,其定罪可分为：非身份者教唆、帮助身份者的共犯关系;非身份者与身份者共同实行或组织实行的共犯关系;身份者教唆、帮助非身份者实行的共犯关系等情况进行。