欧盟知识产权海关保护条例——Council egulation （EC） No.1383/2003评析

知识产权海关保护是随着国际贸易出现大量盗版和假冒商品等非法货物贸易的情况下产生并发展起来的一种行之有效的知识产权保护制度。欧盟知识产权海关保护条例的实施有效地遏制了盗版和假冒商品对国际贸易秩序的危害,对欧盟知识产权权利人利益的维护起到了至关重要的作用。但其不足也很明显：Council Regulation（EC） No.1383/2003的执行很大程度上是依赖于各成员国政府和海关当局,另外Council Regulation（EC） No.1383/2003允许成员国对其相关内容做出细化或作出不同的规定,这将导致各国海关对知识产权保护出现不同的执法效果。     

Anorectic sibutramine detected in a Chinese herbal drug for weight loss

In the presented case, a young healthy woman had ordered a Chinese herbal medicine, called "LiDa Dai Dai Hua Jiao Nang", via internet. She took this product for approximately 1 week, but on the second day she developed severe headache, vertigo and sensation of numbness. After discontinuing medication, symptoms disappeared within 2 days. For identification of the ingredients, a urine sample as well as a sample of the "LiDa" capsule were analysed by GC-MS and HPLC-DAD. One major ingredient was detected in urine as well as in the "LiDa" capsule and was identified as sibutramine. Quantification by HPLC-DAD yielded 27.4 mg sibutramine base, which is approximately two times the amount of the highest authorized single dose available on the pharmaceutical market in Germany. This case demonstrates a common problem with herbal medicines, where adulterations with synthetic therapeutic substances can lead to severe side effects and/or potentially fatal interactions with conventional medicines.     

Application of mitochondrial DNA sequence analysis in the forensic identification of Chinese sika deer subspecies

As a direct and indirect consequence of human activities, only two subspecies, Cervus nippon sinchuanicus and Cervus nippon kopschi, currently subsist in the wild of China. However, a large population of Cervus nippon hortulorum and Cervus nippon nippon is raised in order to gain deer parts for Chinese traditional medicine. According to Chinese Wild Animal Conservation Law, hunting, capturing and trading of the wild sika deer are strictly banned, however, raising and trading of the domestic individual are permitted. Thus, it is very necessary to identify the subspecies of sika deer in China in forensic tests. In our study, we used mitochondrial DNA control region sequence analysis and phylogenetic analysis to identify the subspecies of sika deer. Mitochondrial DNA control region sequences analysis revealed that two haplotypes came from the unknown samples. One is the same as the haplotype that came from the samples of wild population of C. n. kopschi. Phylogenetic analysis indicated that the two haplotypes of unknown samples clustered with the haplotypes of C. n. kopschi, and had significant difference from the haplotypes of the other subspecies. These results together revealed that the unknown samples came from two individuals that belong to the wild population of C. n. kopschi living in the Qinglingfeng State Natural Reserve of Zhejiang province. Therefore, the results provide forensic evidence of illegal wild animal hunting.     

香港反假币机制及相关实验室简介

本文通过对香港反假币机构和反假币现状的考察,分析比较了内地反假币机构设置和反假币运行模式与香港的差异,借助于对差异点的深入分析得到的启示,探讨提高反假币能力的方法和途径.     

马钱子中毒生物检材的毛细管电泳法分析

测定马钱子蓄积中毒死者胃内容和肝组织中马钱子碱成分含量。以标准马钱子碱和送检马钱子药材粉末作对照 ,采用毛细管电泳仪在 190～ 6 0 0nm波长 ,扫描分析检材中马钱子碱成分含量。结果表明 :马钱子碱成分在检材中的含量分别为 5 83mg/ 10 0ml、 4 92mg/ 10 0 g和 3 0 7% (w/w )。确认死者的胃内容、肝组织中的高含量马钱子碱而引起的中毒死亡。     

国家司法中民间习俗的影响力评析——中国语境中哈特与德沃金之争的反思

作为一种司法改革举措,民间习俗在一些法院中得到运用,民间习俗对国家司法的影响力也就成为需要法理论证的问题。在中国语境中反思哈特与德沃金关于此问题的观点,他们的思想仍有许多启发作用。哈特通过承认规则塑造了习俗的有效性,而德沃金则通过权利原则将习俗引入国家司法。尽管哈特与德沃金意见有所分歧,但他们从不同视角提供了习俗进入司法的实践方法。     

Automated detection and classification of counterfeit banknotes using quantitative features captured by spectral-domain optical coherence tomography

Counterfeiting of banknotes is still a severe crime problem in many countries. One of the most significant issue for solving the crime is to classify the counterfeit types and identify the sources. Most of the current methods to classify counterfeit banknotes rely on manual examination that is time-consuming and labor-intensive. Moreover, these methods only detect surface features which can be easily imitated through advanced printing technology. In this study, an automated method based on optical coherence tomography (OCT) and machine-learning algorithms was proposed to classify different types of banknotes based on the internal features. A spectral-domain OCT (SD-OCT) system was employed for sub-surface imaging and quantitative assessment of banknotes. A total of 29 Chinese 100-Yuan banknotes were collected, in which 4 of them were real and 25 of them were counterfeiting by three different printing processes. Each banknote was imaged 10 times in 3 distinct regions, which resulted in a dataset of 290 samples. Each sample was characterized by extracting 2 A-scan (OCT signal intensity along depth) based features and 14B-scan (cross-sectional OCT images) based features. Several machine-learning models, including logistic regression (LR), support vector machines (SVM), K-nearest neighbor (KNN) and random forest (RF), were built and optimized as the classifiers that were trained using 203 samples and applied to predict 87 testing samples. The best performance was achieved by SVM classifier in which the sensitivity of 96.55% and specificity of 98.85% were obtained in discriminating between authentic and counterfeit banknotes, and the sensitivity of 94.67% and specificity of 98.22% were obtained in predicting the types of counterfeit banknotes. These classifiers were also evaluated using the receiver operating characteristic (ROC) curves. To the best of our knowledge, this is the first study where A-scan and B-scan derived features from OCT images have been used for the detection and classification of different types of counterfeit banknotes.     

发光光谱成像检验人民币真伪研究

目的建立鉴别人民币真伪和假币来源同一的检验方法。方法运用发光光谱成像技术对1999版和2005版真币人民币各50张、1999版和2005版假币各12张进行检验。结果真假人民币之间和不同来源的假币之间均能较好的区分开,区分效果明显。结论发光光谱成像技术可以有效鉴别真假人民币和假币来源是否同一。     

徽州田野调查的个案分析——从“杀猪封山”看习惯的存留与效力

在中国传统的乡土社会里,法律渊源呈现出多元化的特征,除朝廷律令之外,传统习惯曾经是调整人们日常生活和民事行为的重要渊源。近几十年来,随着社会结构和社会性质的根本性转变,中国社会的法律与秩序也发生了深刻的变革。传统习惯在当代中国农村是否还存在?习惯是否与现代国家制定法相冲突?其在农村法治建设中的地位和作用怎样?这些问题都应引起我们法学研究的重视。通过对徽州农村民事习惯调查中的个案分析发现,在当今徽州农村仍然存留着大量的传统习惯,有些习惯甚至发挥着重要的法律效力。在当代中国农村的法治建设中,我们应当承认和重视发挥习惯的法律效力,探究那些“被冷落的真实”,为农村法治建设的发展寻找传统的动力。     

Identification of animal species by protein radioimmunoassay of bone fragments and bloodstained stone tools

In forensics and archaeology, it is important to distinguish human from animal remains and to identify animal species from fragmentary bones and bloodstains. We report blind tests in which a protein radioimmunoassay (pRIA) was used to identify the species of six bone fragments lacking morphological specificity and 43 bloodstained lithic tools, knapped experimentally and soaked in blood of known animal and human origin. The submitters of the bone fragments and the bloodstained tools each listed a number of possible species, from which the testers selected the best match with the pRIA results. All six bone fragments were correctly identified: three humans, a deer, a dog, and a cow. Forty-three tools were stained with blood from a wide variety of species including ungulates, carnivores, a fish, and a bird. On 40 of these 43, at least one species (or blood-free control) was identified correctly. Some of the tools were stained with blood of two different species. A mixture of sheep and musk ox blood was correctly identified; in several other mixtures, only a single species was detected. Two tools with human blood and one with human sweat were correctly reported as human. There was a single false positive (one of three controls reported as weakly bovine) and no false negatives. We conclude that the pRIA technique shows a high degree of accuracy in discriminating human from animal bone fragments and bloodstains and in identifying animal species.     

Analysis of microsatellite polymorphism in red deer, roe deer, and fallow deer -- possible employment in forensic applications

DNA microsatellites play a major role in population genetics, linkage mapping, and parentage studies of mammals. In addition, they may be used for forensic purposes, if an individual identification of a specific animal is necessary. Therefore, we tested a variety of microsatellite polymorphism derived from reindeer (Rangifer tarandus) by PCR and sequencing analysis for use in red deer (Cervus elaphus), roe deer (Capreolus capreolus) and fallow deer (Dama dama). Twelve of these microsatellites were selected for further analysis. In all these microsatellite polymorphism short tandem repeats could be detected for one or all three species as shown by sequencing analysis. In red deer, more than two alleles were found in eight microsatellites, in roe deer more than two alleles could be demonstrated in seven microsatellites, whereas in fallow deer more than two alleles were found in only two microsatellite polymorphism. A comparison of sequences of PCR products from the three deer species with the sequences of reindeer revealed several differences between the four species. In six microsatellites -- selected because or their reliability in PCR and because of their polymorphic character -- we established a sequenced allelic ladder and give population data of all three species from 82 deer of the Northeast region of Germany (Vorpommern). Our results show the possibility to use microsatellite polymorphism in the identification of deer in forensic applications like poaching.     

民法法典化与习惯缺失之忧

立法的激情正在催生这中国的民法典 ,然而 ,习惯也正被漠视乃至排斥。对于民事立法来说 ,习惯是社会自生自发秩序的存在形式 ,是社会变革的主要路径 ,是立法得以贯彻实施的条件。习惯的缺失意味着国家通过立法剥夺了社会的抗干预能力 ,削弱了法律的创新能力和校正机制。     

Quantitative Analysis of Sildenafil and Tadalafil in Various Fake Drugs Recently Distributed in Korea

Abstract: Illicit distribution of various illicit or counterfeit drugs containing sildenafil and tadalafil has increased and caused noticeable problems in Korea. This study has been performed to determine the content range of sildenafil and tadalafil in various fake drugs. Among the illicit or counterfeit drugs seized by Korean authorities, 105 exhibits were used for the quantification. HPLC–UV analysis of methanol extractions was used for separation and quantitation of the two target compounds. The most abundant type of fake drug was counterfeit Viagra^® tablets. Sildenafil was found in 73 exhibits, and tadalafil was found in seven exhibits. Twenty‐five exhibits out of the 105 contained both sildenafil and tadalafil. The contents of sildenafil ranged from 4.3 to 453.2 mg; for tadalafil, the range was 2.2–40.4 mg. The proportion of cases of having more than 100 mg of sildenafil was 50% and 78% had more than 20 mg of tadalafil.     

Development of a simple and non-destructive examination for counterfeit coins using acoustic characteristics

The measurement of the sound by the shock wave and the analysis of the natural frequencies were carried out for the authentic and five kinds of counterfeit 500-yen coins for the purpose of the quick and simple discrimination. Four peaks of natural frequencies were observed in the range of 5–20 kHz for authentic coins. On the other hand, only three peaks were observed for some kinds of the counterfeit coins. Four peaks were observed for other counterfeit coins, however the peaks were slightly shifted compared to those for authentic coins. These results show that the discrimination of the counterfeit coins from authentic ones can be realized by the examination of the natural frequencies. This method is quite useful for the simple screening of authentic and counterfeit coins.     

Petition to request an exemption from 100 percent identity testing of dietary ingredients: Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements. Interim final rule

The Food and Drug Administration (FDA) is issuing an interim final rule (IFR) that sets forth a procedure for requesting an exemption from the requirement in the final rule "Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements," published elsewhere in this issue of the Federal Register, that the manufacturer conduct at least one appropriate test or examination to verify the identity of any component that is a dietary ingredient. This IFR allows for submission to, and review by, FDA of an alternative to the required 100 percent identity testing of components that are dietary ingredients, provided certain conditions are met and establishes a requirement for retention of records relating to the FDA's response to an exemption request.     

机制版假币票面上印刷疵点的检验

目的分析假币票样上的印刷疵点,为串并假币机制版印制点提供科学依据。方法通过图文扫描和图象处理技术,获取假币票面上的印刷疵点信息,研究梳理不同票面上一致的疵点组合,寻找其与印版的相关性,继而推导与印制者的相关性。结果找到可以表征相同胶片版或PS版的不同冠字号码假币票样上一致的印刷疵点。结论可以通过图文扫描和图象处理手段得到印刷疵点特征。     

持有、使用假币罪的法律问题探析

持有、使用假币罪在理论上存在诸多有争议的问题,需要对其进行研究。如持有、使用假币罪的概念需要重新界定;＂持有＂和＂使用＂行为是两种不同的表现形式,不应该放在一个罪名中规定,应取消持有假币罪,把它的部分内容归纳到其他罪名中;界定本罪的自然人犯罪主体的范围,增设单位犯罪主体。     

Sex identification of white-tailed deer using frozen venison

Fluids from frozen muscle tissue taken from 449 white-tailed deer (Odocoileus virginianus) were analyzed using a radioimmunoassay technique for testosterone. Comparing 309 deer sampled in early November, antlered males had significantly higher tissue testosterone levels (range = 0.18 to 16.00 ng/mL) than females (range = 0.00 to 0.18 ng/mL) while antlerless (fawn) males overlapped both groups (range = 0.00 to 0.68 ng/mL). Samples taken from 132 deer from January through August showed no differences among ages or sexes. Antlered males can be differentiated from females during the breeding season.     

The use of ingredients of potential public health concern. Compliance with the HACCP system regulations and request for comment

The Food Safety and Inspection Service (FSIS) is publishing this document to inform establishments that prepare meat and poultry products of the need to ensure that they maintain proper control over the use of ingredients, especially those that present a potential public health concern, and over the ingredient labeling of their products. Establishments should ensure that their systems provide such control as part of their next reassessment of their HACCP systems. FSIS invites comments on the matters presented in this document.     

A rapid and sensitive method for the identification of delta-9-tetrahydrocannabinol in oral fluid by liquid chromatography-tandem mass spectrometry

This paper proposes a new approach for automatic classification of counterfeit Viagra(?) and Cialis(?) tablets using image processing and statistical analysis. A high resolution VSC 5000 is used for image acquisition in a controlled environment, and the combination of a thresholding technique with morphological operators is used to segment the tablet from the background. A statistical model based on the RGB color components of original samples is built, and the detection of counterfeit tablets was performed by checking the adherence of a test sample to the obtained distribution using the Bhattacharyya distance. Our experimental results indicated that counterfeit tablets can be effective detected using the proposed approach.