关于对法律进行经济分析的三个角度

法律的经济分析应当包括宏观和微观、规范和实证的分析。对法律的经济分析有三个角度 :从经济决定论角度 ,从市场经济的制度基础角度 ,从微观经济分析角度。广义的经济分析法学应当将上述三个角度的分析都纳入其中。经济决定法律是马克思主义法理学的精髓和基石 ,法治是市场经济的制度基础 ,效率是法律改革的目标 ,三者有机统一可以构成法律的经济分析的宏观和微观样式     

人牙咬痕同一认定数字化分析的盲法评定

目的评定人牙咬痕同一认定数字化分析方法的精确性。方法 采用数字化分析法对人牙咬痕及8名“疑犯”牙列模型进行双盲法分析实验,用Photoshop 5.5将获得的咬痕扫描图像生成overlay,用AutoCAD Rl4工程测量软件分析各项参数,比较人牙咬痕和“疑犯”牙列参数的匹配性。结果人牙咬痕及“疑犯”牙列模型数据化分析的各项参数分析结果一致。结论对于试验性咬痕,数字化分析是一种可行的认定方法,对法医学实践具有可行性及良好的应用前景。     

A review of the analysis of vegetable oil residues from fire debris samples: analytical scheme, interpretation of the results, and future needs

This paper reviews the literature on the analysis of vegetable (and animal) oil residues from fire debris samples. The examination sequence starts with the solvent extraction of the residues from the substrate. The extract is then prepared for instrumental analysis by derivatizing fatty acids (FAs) into fatty acid methyl esters. The analysis is then carried out by gas chromatography or gas chromatography-mass spectrometry. The interpretation of the results is a difficult operation seriously limited by a lack of research on the subject. The present data analysis scheme utilizes FA ratios to determine the presence of vegetable oils and their propensity to self-heat and possibly, to spontaneously ignite. Preliminary work has demonstrated that it is possible to detect chemical compounds specific to an oil that underwent spontaneous ignition. Guidelines to conduct future research in the analysis of vegetable oil residues from fire debris samples are also presented.     

论侵权法的经济分析

从我国侵权法发展需要的角度,提出了运用经济分析对侵权法进行解释的必要性。与传统的道德论证对侵权法的解释不同,经济分析是一种建设性、前瞻性的解释。在此基础上,针对我国现有经济分析中的外在机能主义、单一的价值目标、理论的解释的缺陷,提出要内在的、多元化的、实践的对侵权法进行解释的主张。     

Advantages of dental mitochondrial DNA for detection and classification of the sequence variation using restriction fragment length polymorphisms.

After amplification by polymerase chain reaction (PCR), the nucleotide sequences of a 452-bp section of the D-loop region of human mitochondrial DNA (mtDNA) were determined in 40 teeth extracted from patients living in Kanagawa prefecture, Japan. Dental DNA was extracted separately from the dental pulp and dentin (i.e., the attached pulp cells from the most superficial layer of the pulp cavity wall) of the same tooth. Comparison of the nucleotide sequences of the 452-bp region of the D-loop demonstrated that nucleotide substitutions and insertion/deletion events were identical in material from both sources. Thus, dentin produces equivalent results when the dental pulp of a tooth is unsuitable for mtDNA analysis. To establish the reliability of the screening procedure for the sequence analysis, we identified restriction sites for the enzymes KpnI and MnlI in the 452-bp region of the D-loop. Thirteen of 14 patterns of four polymorphisms analyzed using the mtDNA from the 40 tooth samples were identifiable by an initial screening procedure involving restriction fragment length polymorphism (RFLP) analysis. Combined use of sequence analysis and RFLP analysis proved extremely efficient in analyzing mtDNA polymorphisms, allowing identification of individuals.     

A comparison study of hair examination methodologies

A study was conducted to investigate the accuracy between two methods of hair analysis: PCR-STR DNA analysis and microscopic comparison analysis. Standard sets of pubic hairs were collected from volunteers, and unknown sets were generated from these samples. Three out of five (60%) of the hairs analyzed produced full DNA profiles that were correctly matched to the standard sets. DNA analysis was inconclusive (partial or no DNA profile) for two out of five (40%) of the samples. In contrast, the microscopic comparison analysis correctly matched four out of five (80%) of the samples to the standard sets but mis-identified one out of five (20%) of the samples. These results reinforce the practice of preliminary microscopic hair examination in narrowing down a set of hairs for DNA analysis. Microscopic comparison analysis is sufficiently reliable to remain a rapid and inexpensive method for forensic hair analysis.     

The application of lead isotope analysis to bullet individualization in two homicides.

Bullets were characterized by lead isotope ratio analysis and trace element analysis in two homicides. In one case, we concluded that a fatal bullet did not share a common origin with bullets in a box of ammunition containing 24 cartridges taken from suspects. Evidence in the second case included two bullets from the crime scene and 163 bullets taken from various suspects. We were able to infer that the two bullets from the crime scene did not share a common origin and that they differed from all of the bullets taken from suspects. All of the suspects' ammunition had been reloaded as was evident both from trace and isotopic analysis and, indeed, from visual inspection.     

Comparative Forensic Soil Analysis of New Jersey State Parks Using a Combination of Simple Techniques with Multivariate Statistics,

This study has shown that the combination of simple techniques with the use of multivariate statistics offers the potential for the comparative analysis of soil samples. Five samples were obtained from each of twelve state parks across New Jersey in both the summer and fall seasons. Each sample was examined using particle‐size distribution, pH analysis in both water and 1 M CaCl₂, and a loss on ignition technique. Data from each of the techniques were combined, and principal component analysis (PCA) and canonical discriminant analysis (CDA) were used for multivariate data transformation. Samples from different locations could be visually differentiated from one another using these multivariate plots. Hold‐one‐out cross‐validation analysis showed error rates as low as 3.33%. Ten blind study samples were analyzed resulting in no misclassifications using Mahalanobis distance calculations and visual examinations of multivariate plots. Seasonal variation was minimal between corresponding samples, suggesting potential success in forensic applications.     

证券服务机构独立责任承担的探讨

证券服务机构责任承担问题是2005年证券法修改时被忽略的一个问题.本文主要是对我国目前证券服务机构现行的责任机制和证券服务机构有约束的自律、许可证制度、刑事责任、行政责任、民事责任进行分析,从而得出加强证券服务机构民事责任的结论.通过对现行民事责任中的连带责任进行分析,认为应当建立独立责任机制并辅助以其它相关制度,确立证券服务机构独立责任的归责原则和构成要件.     

Comparing Known and Reconstructed Circumstances of Death Involving a Blunt Force Trauma Mechanism through a Retrospective Analysis of 21 Skeletonized Individuals

Little is known about to what extent the events surrounding death can be reliably reconstructed from blunt force trauma analysis alone. In this study, we reconstruct circumstances of death from a blind blunt force trauma analysis using a sample of 21 individuals of known death circumstances, obtained from two identified skeletal collections in Portugal. Fresh versus dry bone trauma and probable mechanism of fracture production were identified. The overall pattern of injuries was then used to reconstruct the most likely circumstances of death. Results show an agreement between the proposed and the reported circumstances for 13 individuals (68.4%), disagreement for 3 (15.8%), and similarity in 3 cases (15.8%). Although the significant amount of agreement highlights the potential of trauma analysis, the cases with disagreement draw attention to the pitfalls and shortcomings of attempting to reconstruct the death circumstances from skeletal trauma analysis alone.     

Validation of cytochrome b sequence analysis as a method of species identification

One of the stages of dealing with biological material submitted to forensic laboratories is species identification. The aim of the present work was to validate and assess the possibility of applying sequence analysis of the region coding cytochrome b as a method of species identification in the field of forensic science. DNA originating from individuals from major phyla of vertebrates was isolated by the organic method from various specimens. Extracted DNA was subjected to PCR and direct cycle sequencing using a universal pair of primers. The validation process, performed according to TWGDAM recommendations, revealed that the technique is a very sensitive and reliable method of species identification allowing analysis of tiny amounts of material and also degraded material, and can be useful in the field of forensic genetics. The case example presented here, concerning the determination of species origin of biological evidence collected from fatal road accident, confirms that analysis can be carried out even when there is no reference sample, and the sequences obtained can be assessed through analysis of their similarity to sequences for cytochrome b present in DNA databases.     

Statistical discrimination of liquid gasoline samples from casework

The intention of this study was to differentiate liquid gasoline samples from casework by utilizing multivariate pattern recognition procedures on data from gas chromatography-mass spectrometry. A supervised learning approach was undertaken to achieve this goal employing the methods of principal component analysis (PCA), canonical variate analysis (CVA), orthogonal canonical variate analysis (OCVA), and linear discriminant analysis. The study revealed that the variability in the sample population was sufficient enough to distinguish all the samples from one another knowing their groups a priori. CVA was able to differentiate all samples in the population using only three dimensions, while OCVA required four dimensions. PCA required 10 dimensions of data in order to predict the correct groupings. These results were all cross-validated using the "jackknife" method to confirm the classification functions and compute estimates of error rates. The results of this initial study have helped to develop procedures for the application of multivariate analysis to fire debris casework.     

关于上腭性别差异的研究

利用判别分析的方法,对200例上腭(石膏模型)的11项指标的性别进行性别研究,为用腭判定性别提供了依据,结果发现,有10个指标存在显著意义的性别差异(P<0.05)。应用判别分析方法,获得3个判别函数式,其判别率在64.00%～76.00%,本研究为用腭判定性别提供依据。     

语境的共时系统分析

本文从系统和共时研究的角度分析了语言的语境系统,详细地分析了语境各要素及其相互关系,指出了言内语境和言外语境的反映与被反映的关系,以及语境要素的统一性和层次性两种特征,并指出语义分析和语义理解从言内到言外、从一般到特殊的分析顺序,任何相关语境因素都不能忽略。     

Analysis of condom lubricants for forensic casework

The detection of DNA is inhibited in cases of sexual assault involving condom use. Trace evidence, including condom lubricant residues, provides crucial associative evidence in such cases. The existing Fourier transform infrared spectroscopy (FTIR) methods for lubricant analysis and detection are limited with regard to sensitivity and discrimination. The aim of this research was to establish a new method as an alternative to FTIR for the analysis of condom lubricant residues. Pyrolysis gas chromatography-mass spectrometry (PyGC-MS) and GC-MS are highly sensitive methods of analysis for a wide range of chemical substances. PyGC-MS and GC-MS were used to analyze condom lubricants in standard solution, from clean swabs and from postcoital swabs. Pyrolysis of polydimethylsiloxane (PDMS) lubricant forms cyclic products known as cyclic dimethyl siloxanes (DMS), which are separated and detected by the GC-MS. The polyethylene glycol (PEG) lubricant can be analyzed by GC-MS directly from solution. The methods of extraction and analysis presented in this paper were shown to be significantly more sensitive than FTIR for the analysis of PDMS and PEG condom lubricants. PDMS was detected as low as 1 mug in standard solution and from clean swabs using the PyGC-MS method. PEG was detected as low as 0.5 microg from standard solution and 50 mug from clean swabs using the GC-MS method. Unfortunately, we were unable to provide further discrimination between condom brands and subbrands. The methods established throughout the research were used successfully to detect condom lubricants from donated postcoital swabs. Lubricants were detected in abundance on swabs 12 h postcoitus. Recommendations are made regarding implementation of new methods for routine analysis of casework samples along with strict pyrolysis interpretation criteria to minimize the possibility of misinterpretation of false positives.     

Mitochondrial DNA sequencing of human hair shafts stored for long time

Mitochondrial DNA (mtDNA) sequencing is commonly used for forensic genetic identification of relation and personality identification based on analysis of tooth and skeletal rudiments. We demonstrated the possibility of DNA extraction and subsequent enzymatic amplification of fragments of a hypervariable segment I of mtDNA control region from hair shafts after long storage (up to 75 years). Shed hairs are the most common biological material evidence in forensic investigations. Low content of DNA and its possible degradation in hair shafts without bulbs may cause artifacts in polymerase chain reaction. However comparative analysis of amplified nucleotide sequences of amplified fragments from hair stored for 75 years was identical to the sequence from hairs cut immediately before experiment. This indicates high quality of the resultant matrices, stability of results, and hence, the possibility of using DNA extracted from hair shafts without bulbs stored for a long time for expert genetic analysis. Theoretical and methodological prospects of using mtDNA polymorphism analysis for forensic expert evaluations are discussed.     

Mitochondrial DNA analysis of the presumptive remains of Jesse James

We report here the results of mtDNA analysis of remains exhumed in July, 1995 from Mt. Olivet Cemetery in Kearney, Nebraska, that are thought to be those of Jesse James. The remains were poorly preserved, presumably due to wet and slightly acidic soil conditions, and insufficient DNA for analysis was obtained from two bone samples. However, two of four teeth, and two hairs recovered in 1978 from the original burial site on the James Farm, did yield reproducible mtDNA sequences. These mtDNA sequences from the teeth and hairs were all identical, suggesting that they came from the same individual; furthermore, this mtDNA sequence was identical to mtDNA sequences determined from blood samples from two maternal relatives of Jesse James. Therefore, either the remains are indeed those of Jesse James, or they are from an unrelated individual who, by chance, happens to have the same mtDNA sequence. To assess the probability that an unrelated individual would have the same sequence, we searched the forensic mtDNA database, and found that this sequence does not appear among the 2426 mtDNA sequences therein. Hence, the mtDNA analysis supports the identification of the exhumed remains from Mt. Olivet Cemetery as those of Jesse James.     

Laser microdissection separation of pure spermatozoa from epithelial cells for short tandem repeat analysis

Short tandem repeat (STR) analysis is a valuable tool in identifying the source of biological stains, particularly from the investigation of sexual assault crimes. Difficulties in analysis arise primarily in the interpretation of mixed genotypes when cell separation of the sexual assailant's sperm from the victim's cells is incomplete. The forensic community continues to seek improvements in cell separation methods from mixtures for DNA typing. The feasibility of applying laser microdissection (LMD) technology to precisely separate sexual assault cell mixtures by visual inspection coupled with laser dissection was assessed through three experiments. First, various histological stains were evaluated for use with LMD and DNA analysis. Second, different DNA isolation methods were evaluated on LMD-collected cells. Finally, STR analysis was performed on LMD-separated sperm cells from mixtures of semen and female buccal epithelial cells. The results indicated (a) hematoxylin/eosin staining performed best in its ability to differentiate sperm and epithelial cells while exhibiting the least negative effect on further downstream analysis; (b) both QIAamp and Lyse-N-Go methods were useful for recovery of DNA from LMD-collected sperm cells; and (c) LMD separation provided clear STR profiles of the male donor with the absence of any additional alleles from the female donor. This report describes an efficient, low-manipulation LMD method for the efficient separation of spermatozoa from two-donor sperm/epithelial cell mixtures.     

Classification and individualization of black ballpoint pen inks using principal component analysis of UV-vis absorption spectra

The technique of principal component analysis has been applied to the UV-vis spectra of inks obtained from a wide range of black ballpoint pens available in the UK market. Both the pen ink and material extracted from the ink line on paper have been examined. Here, principal component analysis characterised each spectrum within a group through the numerical loadings attached to the first few principal components. Analysis of the spectra from multiple measurements on the same brand of pen showed excellent reproducibility and clear discrimination between inks that was supported by statistical analysis. Indeed it was possible to discriminate between the pen ink and the ink line from all brands examined in this way, suggesting that the solvent extraction process may have an influence on these results. For the complete set of 25 pens, interpretation of the loadings for the first few principal components showed that both the pen inks and the extracted ink lines may be classified in an objective manner and in agreement with the results of parallel thin layer chromatography studies. Within each class almost all inks could be individualised. Further work has shown that principal component analysis may be used to identify a particular ink from a database of reference UV-vis spectra and a strategy for developing this approach is suggested.     

Detection of chlorinated carbohydrates in putrefactive biological material

Carbochlorohydrates were separated from putrefaction products of organic substances and volatile solvents by gas chromatographic column packed with CaA 5 A. A 100 x 0.4 cm column, used for forensic chemical analysis of fresh and putrefactive cadaveric material, proved to be highly effective. The data were confirmed by results of chemical analysis of distillates from the viscera.