The law relating to dealing with dead bodies

Since March 1999 there have been three inquiries concerned either in whole or in part with the removal of human tissue from bodies during post-mortem examinations and its retention thereafter. Two of these at least have had to consider the law relating to the matter, and a commissioned paper and a submission about it to one, the Bristol Royal Infirmary Inquiry, have been mounted on the Inquiry's Web site. The main part of this article consists of the slightly revised text of a submission to the Inquiry by way of comment on these. Among the major points made in this submission are that (a) insufficient consideration has been given to the present status of the common law right of a person arranging a funeral to have the body of the deceased given Christian burial in the burial ground of the parish in which he or she died or of which he or she was a parishoner; (b) insufficient account has been taken of the scope of permissible modes of dealing with a dead body; and that (c) the implications this has for the common law offence of preventing Christian (or decent) burial have not been fully explored.     

法律解释（学）的理据、概念及价值

法律解释学自产生之日起,就一直受到种种质疑（如它可能导致法治的消解）,而法律解释学界迄今似乎并未有力地回应这些质疑。之所以造成这种局面,主要是因为法律解释学本身还没能清楚地解决如下一些问题：它的理论依据似乎游移于传统解释学与哲学解释学之间;它对“解释”的解释并不清晰,因为当前的法律解释学似乎没能意识到解释其实同时是方法、存在并且还具有哲学研究的属性;它一定程度上无视法律解释学与法律解释之间的互渗、纠缠,这种无视反过来又模糊了它对自身的定位;等等。可以说,只有当法律解释学厘清了上述问题,才可能较好地回应当前的诸种质疑,进而证立其自身的必要性和正当性。     

Capitalist Punishment: Ethics and Private Prisons

One of the results of Western capitalism has been the increasing pressure for the privatization of the criminal justice system. Although there has long been private or nonprofit involvement in corrections, a newer response has been to turn entire prisons over to private enterprise, or to pay private prisons to house state or federal inmates. Progressively, then, inmates once completely devalued as social junk are being valued as commodities to be sought after. This paper attempts to discuss a series of issues around private prisons. As we can only look at several issues in one paper, we shall concentrate our attention on construction, operating costs, accountability and broader ethical questions. This revised version was published online in July 2006 with corrections to the Cover Date.     

Transnational organised cyber crime: distinguishing threat from reality

Cybercrime has become an integral part of the transnational threat landscape and conjures up pressing images of nefarious and increasingly complex online activity. More recently, the concept of ‘organised crime’ has been attributed to cybercriminality. There has been subsequent disagreement and confusion concerning whether such crime is a derivation of traditional organised crime or an evolution of such crime within the online space. This opaque state of affairs has been exacerbated by the relative lack of clear evidence attesting to and supporting either scenario. Technological advances have always been used to the advantage of the criminal fraternity. The crucial question that remains is whether those advances have merely facilitated the commission of physical crime or whether in fact they have led to the creation of a new wave of traditional, but virtual, organised crime.     

再论侵害承租人优先购买权的救济

出租人未通知承租人直接将租赁房屋出卖给买受人而承租人事后知悉的,他应当向出租人主张行使优先购买权,这是其获得法律救济的前提。承租人主张优先购买权后,他能够获得法律救济的程度或法律后果取决于买受人是否善意及房屋是否办理物权变更登记。买受人善意并且与出租人办理物权变更登记的,买受人取得房屋的所有权,承租人向出租人主张违约责任;买受人善意但未与出租人办理物权变更登记的,出租人的履行决定房屋所有权的归属,未被履行方向出租人主张违约责任。买受人与出租人恶意串通的,其买卖合同无效,出租人应向承租人履行;买受人单纯恶意但未进行物权登记的,出卖人只能向承租人进行履行;买受人单纯恶意且进行物权登记的,买受人取得房屋所有权。     

Hacia una aproximación crítica entre el derecho constitucional y el derecho internacional

The state has traditionally been studied from an internal prism, a study which has been carried out by political or Constitutional law; or it has been studied from an external focus, in its relations with other states and supranational organizations; matter that was awarded to International Law. These categories are obsolete. New times coming from the effects of globalization force us to bring epistemological and axiological approaches from both disciplines. This is the reason, purpose and need for this paper, which is formulated from positions close to the criticism. The happiness of human being is the aim of policy and law, both state and international. So, it is necessary adopting different social tools to interpret critically the juridical reality.     

An improved protocol for the examination of rogue WWW sites

Internet server managers have a range of techniques available to help them improve service performance and security. These techniques can become barriers to the investigation of illicit or illegal activity. This paper describes some of the legitimate techniques which can be used to improve server performance or security, and which present challenges for the investigator. Furthermore, it proposes a rigorous procedure which should be followed to ensure that any investigation of a web site or server has been complete and accurate, and that all possible useful information has been extracted and examined.     

False allegation of child abduction

Cases in which a child has been falsely reported as missing or abducted can be extremely challenging to the law enforcement agencies responsible for their investigation. In the absence of a witnessed abduction or an obvious crime scene, it is difficult to determine whether a child has actually been abducted or has become a victim of a homicide and a false allegation. The purpose of this study was to examine falsely alleged kidnapping cases and identify successful investigative strategies. Sixty-one adjudicated false allegation cases involving 66 victims were analyzed. The mean age of the victim was 5 years. Victims came from generally unstable, high-risk family situations and were killed primarily by biological parents. Victims were killed because they were unwanted or viewed as an obstacle to a desired goal, or they were victims of abuse or maltreatment that ended in fatality.     

Country Profile: A Review of the New Juvenile Offenders Status in Cambodia

This publication seeks to explore whether the position of juvenile offenders vis‐à‐vis the Cambodian criminal law has changed with the passage of the new criminal legislation and whether this change has been positive or otherwise. The quality of this change will demonstrate to the reader whether the overall process of the reform of the juvenile justice component of the Cambodian system of criminal justice, which spans the last fifteen years and has been funded by the international community, has been a success. The author limited the scope of this inquiry to a comparison between the various domestic laws applicable to juvenile offenders and did not include comparisons with international law, model laws or juvenile laws of other states. Being the first publication of its kind, this analysis limits its claim to the analysis of the relevant statutory provisions rather than ‘practice notes’ which have yet to develop.     

Directed embryo donation: free choice or discrimination?

The issue of whether to allow or prohibit the directed anonymous donation of human embryos for reproductive use has been publicly contentious. The claims that directed donation are a donor's autonomous right contrast with claims that the practice is discriminatory. Recent legislation and legal recommendation on the issue has been inconsistent or contradictory. This article specifically addresses the question as to whether the directed donation of embryos is the exercise of free choice or an act of discrimination. This question is considered from both ethical and legal viewpoints.     

民事伴侣关系法律认可的现状及其立法模式

在人类历史的长河中,民事伴侣的地位在不同的时代及不同的文化背景中虽有所不同,但总体而言是被禁止、被压制或被忽视的.然而,自20世纪末至今的短短不到20年的时间里,民事伴侣关系已在5个国家获得完全法律认可,在16个国家的全国范围内及6个国家的部分地区获得承认,民事伴侣平权运动取得了前所未有的进展.在5个法律认可民事伴侣关系的国家中,荷兰、比利时、西班牙及加拿大采用了婚姻式立法模式,即承认民事伴侣关系为婚姻关系,并适用婚姻法的相应规定.而英国则采用了伴侣式立法模式,即制定<民事伴侣关系法>以规制民事伴侣关系,从而创设了一种在形式上不同于异性配偶身份的新的民事伴侣法律身份.     

Criminology and animality: stupidity and the anthropological machine

Although a relatively small, yet growing group of scholars have been lamenting the exclusion of nonhuman animals from the scope of criminology for over thirty years now, animals have been historically present in criminological theorizing, legal practices, and research. However, this presence has not been of the form advocated for by scholars who variously identify themselves as non-speciesist criminologists, green criminologists, or ecological criminologists, who have been arguing largely for recognition of harms perpetrated against animals, or ‘zoological crime’. Instead, the longer history of animals in criminology is as offenders or as prototypes of criminality. In this article, we are concerned with the production – vis-à-vis the anthropological machine – of the ‘stupid’ animal and subhuman within criminology and criminal justice. Guided by the political philosophy of Giorgio Agamben, we trace the animal through criminological thought from the premodern period to Lombroso to contemporary criminological scholarship illustrating how the animal has been (ab)used to shore up the classifications between humans, between humans and animals, and the intelligent and the stupid. We also examine how historically through criminal trials of animals and the feebleminded, criminal justice has played an active role in buttressing these classifications and acting on these classifications to produce bare life, that is, life without form or value.     

Unraveling the relative contributions of his, her, and their drinking to the likelihood of arrest in intimate partner violence cases

The nexus between substance abuse and intimate partner violence has been studied in depth. The interrelationship between drinking, intimate partner violence, and an officer's decision to make an arrest has not received as much attention. The issue is complicated by the fact that either or both of the involved parties may have been drinking and the effects may vary depending on who has been drinking. In this article, the authors examine the relative contributions of his, her, and their drinking to the likelihood of arrest.     

万用表测量字迹电阻方法的初步研究

目的介绍一种鉴定添加变造黑色笔迹的新方法—万用表测量字迹电阻法。方法用万用表的探针测量字迹笔画的电阻值数值,根据数值的大小范围来判断字迹是否存在添加变造。结果该方法简便快速,不破坏原件,不受检测条件及环境的限制,成本低,效率高,便于广泛推广应用。结论凡是可测出电阻值数值的,证明书写色料中的成份是以碳黑为主,凡电阻值为正无穷大时,证明书写色料中不含碳黑,而是由多种色料拼色而成的,从而可分析判断字迹是否被添加变造。     

美国侵权法上的售后危险警告义务研究

产品的生产商一旦知道或者应当知道其投入流通的产品存在某种危及使用者人身或者财产安全的危险,就要对其产品的使用者承担售后危险警告义务,要采取合理措施警告产品使用者当心所存在的危险,否则,要就其没有进行售后警告的产品引起的损害对产品使用者承担侵权责任;此种侵权责任仅仅是过失侵权责任而非严格责任,以产品生产商存在过失作为条件;产品售后警告义务的确立使产品生产商承担的警告义务和侵权责任得以拓展,为产品使用者提供更安全的保护;在建立生产商售后警告义务的时候要考虑众多复杂问题。     

Trauma, sport, and malignant cerebral edema

Sudden cerebral swelling and death secondary to craniocerebral trauma has been noted in children and young adults. This is due to an increase in intracerebral blood, either secondary to an increase in cerebral blood volume or a redistribution of intracranial blood from the pial to the intraparenchymal vessels. Sequential craniocerebral trauma has been associated with the syndrome of "malignant cerebral edema"; the possibility of a "compliance compromised brain" has been suggested as the cause. The additional possibility of asymptomatic encephalitis leading to a compliance compromised brain and malignant cerebral edema is discussed.     

北京市食品安全监管完善对策研究

国以民为本,民以食为天,食以安为先。北京市自2007年颁布《北京市食品安全条例》以来,其食品安全监管能力得到显著提高,管理体制日趋优化,法制体系渐行完备,但随着2009年《食品安全法》和《侵权责任法》的颁布,该条例已现滞后,许多方面需要加以修正与完善,这主要包括监管模式的迁变、执法理念的修正、源头监管的侧重、信息公示的完善、信用监管的确立、社会监管的激励、追溯系统的构建等。     

The Scope of Article 12 EC: Some Remarks on the Influence of European Citizenship

Abstract:  According to European Court of Justice (ECJ) case-law, the scope of application of the EC Treaty is engaged under the following conditions when the free movement of persons has been established: a cross-border connection is given; the Union citizen concerned resides legally in the host Member State; and the measure in question or the regulation has a connection with the residence or facilitates it. This condition will regularly be fulfilled since nearly every (national) regulation has a direct or indirect effect on the stay. A general link to primary or secondary law is, on the other hand, not necessary. Secondary law, however, can be significant in connection with the lawful residence. Even if partly vehement critiques have been formulated against this approach of the ECJ, it is convincing with regard to the aim of guaranteeing the free movement to European citizens.     

Some applications of an argon ion laser in forensic science

A two watt argon ion laser has been in use in the Metropolitan Police Laboratory for about six months. During this time it has been applied to a number of cases with considerable success. Shoeprints, fingerprints, erased writing, differences in inks, transfer of inks to other surfaces, stains on clothing, differences in paints, fibres and interference patterns in glass have all been either detected or enhanced when conventional techniques have failed.