血痕预试验检测的应用现状与研究进展

血迹是凶杀、伤害等案件中最常见和最重要的一种物证。血痕预试验是利用化学检测的方法从现场大量可疑的斑迹中初步筛选出可能是血的痕迹物证。本文对常用血痕预试验试剂的应用现状及其灵敏度、特异性、稳定性等进行分析比较,同时对预试验检测中存在的问题及今后的发展趋势进行综述,旨在为更好地研究、利用血痕预试验试剂提供参考。     

阐释:在制度与理念之间——关于物权行为合理性的若干思考

理论是沟通制度与理念的桥梁。物权行为理论乃是基于登记的限度理念,对现有的登记生效主义模式所做的有利于私法自治的一种理论阐述。登记限度的理念要求尽可能地降低成本、避免错误、尊重自由,为此,登记生效主义确立了物权变动时双方共同申请的原则,并且使双方申请时达成的合意成为登记效力的来源,从而与申请前的债权合同相区别,成为物权行为。尽管登记同意和公证制度的出现极大地替代了双方申请原则,但登记同意和公证替代的不彻底,反而更突出了物权行为理论阐释的合理性。     

To What Extent are Cost Savings Passed on to Consumers? An Oligopoly Approach

Competition policy often asks whether a “fair share” of the benefits from cost savings obtained through mergers or agreements is passed on to the consumers. We assess the factorsthat determine cost pass-on in some partial-equilibrium oligopoly models, and show that, although the strength of the pass-on varies from one situation to another, there are some rules of thumb that give a first approximation of the pass-on rate. We also show that, contrary to common belief and to what is written about the subject in the European Commission's guidelines on the application of Article 81(3), in most circumstances cost pass-on does not depend on the price elasticity of demand nor on the market share of the cost saver, and that with competition the pass-on of firm-specific cost savings is weaker than without. JEL Classification: C72 (non-cooperative games), D43 (oligopoly), L40 (antitrust policy)     

Combined homicide-suicide in Galveston County

Combined homicide-suicides have been classified based on the psychopathology of the perpetrator and the nature of the relationship between perpetrator and victim(s). To further understand the nature of this tragic phenomenon and to test the validity and practicality of a previously suggested classification system, investigators systematically collected data on all combined homicide-suicide events that occurred in Galveston County, Texas over a continuous 18-year period (n = 20). The most common psychopathological finding for perpetrators was high serum alcohol levels that suggested intoxication. Most combined homicide-suicides fell into one of the relational categories and most of these, as predicted, were of the consortial type, possessive subtype. As expected, due to the small sample size, the less common types of combined homicide-suicide were not represented in this sample.     

Examining Racial Disparities in Drug Arrests

The War on Drugs popularized a set of policies and practices that dramatically increased the number of drug arrests, particularly for low-level drug offenses. The War’s tactics have affected Americans of every race; however, minorities have been most dramatically affected. There are several explanations for the observed racial disparity in drug arrests, but relatively little research directly tests these explanations. In this study, we test three common explanations of racial disparities in drug arrest rates. We find that racial disparities in drug arrests cannot be explained by differences in drug offending, nondrug offending, or residing in the kinds of neighborhoods likely to have heavy police emphasis on drug offending. Our findings are most consistent with explanations focusing on racial bias in drug sanctions.     

“测谎”结论能否作为鉴定证据——关于中国心理测试技术研究应用及其现状的思考

"测谎",是日常概念,绝非科学术语。其科学称谓是犯罪心理测试技术,可简称心理测试技术或心测技术。测试结果能否作为证据,说法很多。中国心理测试技术研究与应用的现状,不容乐观;研讨其证据价值,必须首先对此状况及问题有深入了解。鉴于目前的混乱状况,将心理测试技术作为我国诉讼证据的条件尚不成熟。     

虚拟治理成本法在环境损害司法鉴定中的应用研究

虚拟治理成本法作为一种常用的环境价值评估方法,对于环境污染责任追究工作发挥着重要作用.通过系统梳理虚拟治理成本法相关定义、适用范围以及评估流程,并对2014-2020年期间(以裁判日期计)国内典型相关案例从时间分布、地域分布、污染物类别及环境受体、鉴定机构情况等方面进行研究,梳理该方法的实践应用情况,总结我国虚拟治理成...     

自然垄断行业的反垄断法适用——以电力行业为例

对自然垄断行业豁免适用反垄断法会产生诸多弊端,经济学和反垄断法理论的发展为反垄断法在此类行业的适用提供了充分的依据。但其适用应以“一般适用、例外豁免”及成本效益为原则,在协调统一的前提下,对不同的业务环节采取不同的规制策略。通过科学配置反垄断法执法机构和行业监管机构的权限,明确协调反垄断法和行业立法冲突的规则,可实现反垄断法的有效规制。     

University-Industry Cooperation in the Context of the European Framework Programmes

This paper investigates the characteristics of university-industry collaboration in a large set of research joint ventures (RJVs) established in the context of the European Framework Programmes over a period of fourteen years. The share of university-industry RJVs is found to have gradually increased. Such RJVs have tended to be relatively larger in terms of participant numbers. Universities from peripheral European regions have been rather active in the examined RJVs. Firms cooperate with Universities to exploit research synergies leading to cost savings or improvements in R&D productivity, keeping up with major technological developments, and sharing R&D cost. Firms reported that the most important benefit from such collaboration has been the positive impact on their knowledge base.     

A METHODOLOGICAL ADDITION TO THE CROSS‐NATIONAL EMPIRICAL LITERATURE ON SOCIAL STRUCTURE AND HOMICIDE: A FIRST TEST OF THE POVERTY‐HOMICIDE THESIS*

Dozens of cross‐national studies of homicide have been published in the last three decades. Although nearly all these studies test for an association between inequality and homicide, no studies test for a poverty—homicide association. This absence is disconcerting given that poverty is one of the most consistent predictors of area homicide rates in the abundant empirical literature on social structure and homicide in the United States. Using a sample that coincides closely with similar recent studies, applying a proxy for poverty (infant mortality) that is commonly employed in noncriminological cross‐national research, and controlling for several common covariates (including inequality), this study provides the first test of the poverty—homicide hypothesis at the cross‐national level. The results reveal a positive and significant association between a nation's level of poverty and its homicide rate. The findings also suggest that we may need to reassess the strong conclusions about an inequality—homicide association drawn from prior studies, as this relationship disappears when poverty is included in the model.     

SUPERMAX INCARCERATION AND RECIDIVISM*

Since the early 1980s, supermax incarceration has emerged as a common feature of the American corrections landscape. This special type of high‐cost housing, which involves extended isolation with little programming or contact with others, remains largely unevaluated and is of interest for three reasons. First, the study of supermax housing offers a unique opportunity to understand the factors related to the successful reentry of offenders back into society. Second, it affords an opportunity to test the claims, many of which are grounded in mainstream criminological theory, that have been made about the putative effects of supermax confinement. Third, it provides an empirical touchstone that can help inform policy debates about the merits of such confinement. Examining data from the Florida Department of Corrections, we test competing hypotheses about the effects of supermax housing on 3‐year recidivism outcomes. We find evidence that supermax incarceration may increase violent recidivism but find no evidence of an effect of the duration of supermax incarceration or the recency of such incarceration to the time of release into society. We discuss the findings and their implications for theory, research, and policy.     

Product Liability in the European Union: Compensation and Deterrence Issues

In Europe a common standard of strict liability has been introduced with the European directive 85/374. The implementation of this Directive has not led to an expansion of product liability cases. Moreover neither the product nor the insurance market has been dislocated as in the United States. Both the fact that most liability cases continue to be discussed under national legislation—even when it is based on liability with fault—and the different price of insurance in Eurpean Countries show that the directive did not reach its harmonisation goals. We discuss the optional provisions that limit strict liability under the directive, but claim that the scarce impact of liability laws—in spite of increasing concerns for product safety—may be due to compensation provided by the Welfare State and to the cost of access to justice in Europe. Compensation by the Welfare State is inadequate with respect to the internalisation of the cost of accidents especially when public institutions do not file claims against liable producers. Product safety regulation should have performed the deterrence function. However we also point out that the threat of reputation losses is a powerful incentive for firms to carefully control product safety, when consumers increasingly care about product quality and accidents are heavily advertised by media.JEL Classification: K13, K41     

A new approach to detect a set of SNP-SNP markers: Combining ARMS-PCR with SNaPshot technology

Microhaplotypes have become a new promising forensic genetic marker in recent years. The microhaplotype composed of two SNPs, SNP-SNP, indicates strong application potential because of the shortest fragment and good polymorphism and without the interference of stutter and high mutation rate as short tandem repeats (STR) and low polymorphism as a single SNP. Currently, the most common method to detect microhaplotypes is massively parallel sequencing (MPS), however its high cost and the need for special instruments limit its use in general forensic laboratories. In this study, we screened out 8 new SNP-SNP loci and established a new detection method by associating multiplex ARMS-PCR and SNaPshot technology. Firstly, we introduced ARMS-based PCR for SNP1. Then, SBE primers for SNaPshot assay were designed as 20–25 bp upstream complementary sequence next to the position of SNP2. Finally, 8 loci were built into one panel based on different SBE primer lengths and fluorescence colors. In brief, by combing ARMS-PCR and SNaPshot technology, it is easy and fast to profile the SNP1 and SNP2 orderly of the SNP-SNP microhaplotype based on CE platform. Our results suggested that the 8 loci have relatively high polymorphism as well as robust performance.     

论诉讼中的亲子鉴定

近年来,涉及亲子鉴定的亲子关系诉讼案件越来越多,而我国在亲子鉴定方面的法律规范却几乎处于空白状态．给法院在审理亲子鉴定案件时如何正确适用法律增加了难度。从审判实践出发,依据现有的零星的法律规定,对亲子鉴定的提起程序、亲子鉴定结论的证据效力及其审查判断等进行分析探讨尤为必要。     

Sudden death after exercise in an adolescent with hemoglobin SE

Hemoglobin (Hb) S and Hb E are the most common variant hemoglobins, but because of the geographical separation of the areas where they are prevalent, the combination of the 2 is uncommon. Approximately 46 cases of hemoglobin SE compound heterozygosity have been reported. No deaths from the condition have been reported previously, whereas death after vigorous physical activity in individuals with sickle cell trait (hemoglobin AS) has been described in a few case reports. Here we report previously undiagnosed hemoglobinopathy SE in a 12-year-old American boy who collapsed during football practice and had a cardiac arrest on the field after a brief lucid interval. The autopsy was significant only for postmortem intravascular sickling. A postmortem hemoglobin electrophoresis test revealed 57% S, 34% E, and 1% F hemoglobins. The death is attributed to cardiac ischemia from functional vaso-occlusion by sickled erythrocytes.     

Self-Defense and Giving Rise to Cost: On Innocent Bystanders,Threats, Obstructors,and Obstacles,and the Permissibility to Harm Them

Philosophers have had trouble defending the common sense view that it is permissible to impose significant cost on an innocent person who is about to harm you to prevent the harm from occurring. In this paper, I argue that such harm can be justified if one pays attention to the moral significance of imposing a cost on others. The constraint against harming people who give rise to cost by their presence or movements is weaker than the constraint against harming bystanders. Moreover, I argue that people who give rise to cost have a duty to take on some of that cost to help protect the person under threat.     

Evaluation of amylase testing as a tool for saliva screening of crime scene trace swabs

Amylase testing has been used as a presumptive test for crime scene saliva for over three decades, mainly to locate saliva stains on surfaces. We have developed a saliva screening application for crime scene trace swabs, utilising an amylase sensitive paper (Phadebas^® Forensic Press test). Positive results were obtained for all tested dried saliva stains (0.5–32 μL) with high or intermediate amylase activity (840 and 290 kU/L). Results were typically obtained within 5 min, and all samples that produced DNA profiles were positive. However, salivary amylase activities, as well as DNA concentrations, vary significantly between individuals. We show that there is no correlation between amylase activity and amount of DNA in fresh saliva. Even so, a positive amylase result indicates presence of saliva, and thereby presence of DNA. Amylase testing may be useful for screening in investigations where the number of DNA analyses is limited due to cost, e.g., in volume crime.     

Application of ultrasonography to postmortem examination. Diagnosis of pericardial tamponade

In postmortem examination, it is difficult to diagnose pericardial tamponade in a dead body from the findings of conventional external examination alone. However, ultrasonography is a common diagnostic tool for pericardial tamponade in clinical practice. We studied the postmortem diagnosis of pericardial tamponade at external examination level by applying an ultrasonographic device. The ultrasonographic findings were compared with the conventional autopsy findings. Among 455 cases of forensic autopsy in Hamburg and Tokyo conducted within 5 days after death, we successfully diagnosed 11 cases of pericardial tamponade by ultrasound imaging prior to autopsy, and failed to diagnose pericardial tamponade in only two cases. In addition, 79 cases of external examination conducted at the Tokyo Medicinal Examiner's Office were also examined with ultrasonography, and we diagnosed three cases of pericardial tamponade and five cases of pericardial effusion. The differences in ultrasonographic findings between tamponade and effusion were relatively clear. Although autopsy provides definitive evidence for the cause of death, sometimes autopsy cannot be performed due to some social factors. In such cases, conventional external examination alone cannot establish a cause of death by pericardial tamponade, and application of diagnostic imaging technique will be helpful. While CT and/or MRI may provide more detailed information than ultrasound imaging, these techniques require special equipment, room and specialist, and most of all involves high cost, which is perhaps the most important consideration in the present atmosphere of medical cost containment. On the other hand, the ultrasonographic devices we use are compact, and can be used directly at the scene of death. Postmortem application of ultrasonography may be a valuable adjunct in the work of medical examiners and forensic pathologists.     

Causation in negligence: from anti-jurisprudence to principle--individual responsibility as the cornerstone for the attribution of liability

Causation is one of the most esoteric and poorly defined legal principles. The common law standards of the "but for" test and common sense are, in reality, code for unconstrained judicial choice. This leads to a high degree of unpredictability in negligence cases. Changes to the causation standard following the torts reforms have done nothing to inject principle into this area of law: the concept of "appropriateness" is no more illuminating than common sense. Despite this, the trend of recent High Court decisions offers some prospect of clarifying the test for causation. Key themes to emerge are an increased emphasis on individual responsibility and the associated concept of coherency with other legal standards. This article examines the doctrinal reasons underpinning the increasingly important role of these ideals and suggests how they can be accommodated into the test for causation to inject greater coherence and predictability into this area of law.