Pattern of findings in injuries caused by "survival knives"

Survival knives are designed as multi-purpose tools. Most models have a broad single-edged fixed blade, like a trail-knife or Bowie-knife. The back of the blade normally has saw teeth set either in single line or double crossed line. This adds a third function, sawing, to the two standard functions of the knife (stabbing and cutting). The saw edge leaves characteristic scrape marks on the skin; bony structures are grooved or completely severed. A case of homicide is taken to demonstrate that the pattern of injuries may indicate the use of a survival knife.     

Chronology of a homicide and an attempted suicide by DNA analysis of selected blood stains on the weapon (knife)]

A five-year-old boy was fatally injured by a stab and a cut to the throat. The suspected offender, an acquaintance of the victim's mother, stated that he had been disturbed by the boy while attempting suicide and had therefore killed the boy. The suspect showed superficial cuts on both wrists and three shallow stabs on the right-hand side of the abdomen. The purpose of the forensic investigations was to answer the question if the suspect's statement could be confirmed or if the attempted suicide took place after killing the boy. The blood-smeared blade of the knife was divided into different sectors with the cutting edge and the tip of the blade being examined separately from the sides. The blood traces from the different blade sectors were then typed in 12 different DNA regions by PCR (polymerase-chain-reaction). It could be demonstrated that the strong blood traces on the sides of the blade originated from the victim alone, whereas in the area of the edge and the tip of the blade the amount of the victim's blood was negligible compared with that of the suspected offender. The explanation for this finding is that in the areas of the edge and the tip of the knife the blood of the victim must have been replaced by the blood of the suspected perpetrator, which means that the suicidal injuries were the last to be caused by the knife.     

Virtual casting of stab wounds in cartilage using micro-computed tomography

In homicidal stabbings using a serrated knife, stab wounds involving costal cartilage leave striations on the cut surface of the cartilage from the serration points on the blade edge. Class characteristics of the serrated blade can be determined from the striation marks, and individualizing characteristics may be seen also. The traditional method for recording the striation marks involves the pernickety technique of casting with dental impression material. We assessed the potential utility of micro-computed tomography scanning of the stab track as a technique for nondestructive recording of striation patterns and virtual casting of them. Stab tracks in porcine cartilage, produced with a coarsely serrated blade, were scanned with a bench-top micro-computed tomography scanner. The typical irregularly regular striation pattern could be demonstrated, and the images manipulated, using proprietary software to produce a virtual cast. Whether the technology will have sufficient resolution to image not only class characteristic tool marks but also the much finer individualizing tool marks remains to be evaluated, but the technology shows considerable promise.     

日本现行罚金刑制度及发展趋向考察

日本罚金刑在现行刑法、刑事政策和司法实践中均占有重要的地位。其适用对象侧重过失犯和初犯;其适用方式多为选处和单处;罚金刑的量定未采用日数罚金制,仍袭旧制;执行制度有缴纳制度、执行犹豫、劳役场留置以及犯规通告制度。《日本改正刑法草案》反映了日本在罚金刑适用上的一些变化,罚金刑的适用范围有所扩大,方式更为多样合理,幅度变低并细化,裁量方式更趋完善。     

商标注册制度中的“使用意图”要求比较研究

商标及其权利保护制度的产生基础和价值来源是诚实经营者对于商标的使用。为了有效地遏制商标恶意申请,我国2019年《商标法》第4条将“使用意图”作为商标注册条件之一,然而在行政审查和司法实践中如何具体落实这一要求尚不十分明确。通过比较研究我国与美国、英国和日本商标注册制度中的“使用意图”要求,以兼顾注册效率与公平为出发点,建议在我国商标注册程序中引入宣誓性的真诚使用意图声明。在注册申请指定的商品或者服务类别超出申请人的经营范围等特定情形下,适用使用意图说明制度辅助查明申请人的主观目的。申请人是否具有符合商标法规定的使用意图,需要结合事实因素以客观标准作出理性判断。     

“正犯主犯化”:趋势、原因及启示

主犯与正犯分别处于我国和德日刑法共同犯罪人的核心地位,有必要明确二者的关系。在德日刑法史上,正犯的内涵经历了主观说、形式客观说和实质客观说的演变。随着重要作用说和犯罪事实支配理论成为学界通说,正犯的认定标准倒向了实质客观说。德日刑法中的正犯与我国刑法中主犯的界限日益模糊,呈现出"正犯主犯化"趋势。该趋势的形成与哲学思潮由自然(实证)主义向新康德主义的转变有关;在刑法领域,该思潮的转向主要通过把刑罚的合目的性引入到犯罪论的方法,以化解犯罪论与刑罚论的冲突和消弭"李斯特鸿沟"。"正犯主犯化"趋势对我国共同犯罪的研究具有重要启示:一方面,不能以德日刑法中的正犯、共犯概念代替主犯、从犯的规范用语;另一方面,不能割裂定罪与量刑的关系,引进所谓的"双层区分制"。对于外国刑法理论,应该在明确该理论产生的社会背景和发展动向的基础上,回归到中国的具体现实,结合具体问题分析我国刑法的优劣,再做出坚持还是借鉴的选择。     

From the Asian Boyz to the Zhu Lian Bang (the Bamboo Union Gang): A Typological Analysis of Delinquent Asian Gangs

Developing a typology for delinquent and criminal gangs has a long history in criminology and criminal justice. Although many typologies have been proposed in the past eight decades, the great majority of these classifications are based on the consideration of one single factor. This approach obviously oversimplifies the nature of gangs and may give gang researchers an impression that gangs of a certain category differ totally from those of another category. The author of this paper argues that differences between gangs are relative, not absolute. To demonstrate this point, a nomenclature on Asian gangs based on the different combinations of the three factors of political belief, organizational layout, and political connection is suggested. According to this nomenclature, Asian gangs can be conceptually categorized as STP, SEP, STN, SEN, ITP, IEP, ITN, and IEN types.

WTO贸易议题与社会政策连结的内在途径——以农业“多功能性”为例的分析

在WTO体制中，存在着一些特殊种类的产品，与之生产俱来的社会性非常强烈，自始就不适用WTO关于贸易自由化的一般规则，需将对社会目标的关注“内化”为贸易限制；然而从具体规则的表面，往往看不到其维护社会价值的表达，故很容易被人们所忽略。此乃本文所称的贸易议题与社会政策挂钩的“内在连结”形式。以农业的“多功能性”为典型例子，探讨二者“内在连结”之机理。其所得的原理，还可用以分析其他特殊种类产品的贸易议题以及与贸易有关的议题与社会政策的内在挂钩问题。在WTO农业议题的谈判实践中，运用农业的“多功能性”概念，既可有力地维护我国的国家利益，也能为我国所持的谈判立场提供正当性之基础。     

Asymmetric cointegration relationship among Asian exchange rates

This study investigates the asymmetric cointegration relationship among the Japanese yen, the Korean won, and the Singapore dollar using an instrumental variable threshold cointegration test which allows asymmetric adjustment and avoids test statistics depending on nuisance parameters. This threshold cointegration approach clearly provides evidence for a cointegration relationship characterized by asymmetric adjustment toward the long-term equilibrium level. This finding indicates that the long-term equilibrium relationship among the Japanese yen, the Korean won and the Singapore dollar remains stable with asymmetric adjustment. The finding also shows there is a temporal delay in the reaction of the Korean won and the Singapore dollar to the Japanese yen change. Therefore, we conclude that, in the short-term, Korean won and Singapore dollar shocks are important to determine the response of the Japanese yen; the Singapore dollar shock is also important to determine the response of the Korean won; however, the Japanese yen shock is unimportant to determine the responses of the Singapore dollar and Korean won.

“我与你”的心理学心理学的三种话语形态

在心理学的研究中存在着三种话语形态,即"我的"心理学,"你的"心理学,"我与你的"心理学.不同的话语形态蕴含了不同的研究模式,研究者与研究对象的关系是"我"、"你"的关系."我"、"你"长期各自为阵,成为两极.话语上的割裂最终导致了心理学的科学性与现实性的割裂.只有在"我与你"的话语形态中,通过对话,才能将心理学研究的科学性与现实性有机地统一起来.     

数额犯中"数额"概念的展开

数额犯的类型化是我国刑法中比较特殊的一种立法现象。数额要件的存在不仅仅是对刑法犯罪概念“但书”的具体化,其实它对我国刑法犯罪构成的内部构造以及犯罪的既、未遂形态都产生了实质性的影响,发挥了数额要件的“截断”功能。这种数额“截断”功能在数额犯中具有普适性,可以被统称为“数额截断原理”。     

Examination of a "velasco" signature on an oil painting

In September 2003, an investor bought an oil painting at auction in Denmark. The painting was signed "José Maria Velasco." The investor attempted to sell the painting in the United States, but found that he needed confirmation that this was an authentic Velasco painting. The provenance of the painting was questionable because it came to Europe from Cuba without appropriate documentation including the date of its entry into the European market. If the signature was determined to be authentic, the painting would have an approximate value of 1 million dollars. Initial research on the life and works of the artist and a literature review resulted in the preparation of an "Art Worksheet." Known signature specimens were obtained from reputable sources. A comparison of the known signatures with the questioned signature concluded the questioned signature was very probably not executed by José Maria Velasco.     

Sexual abuse and death of an elderly lady by "fisting"

We describe the death of an elderly lady which resulted from the insertion of the hand and forearm into the rectum. The practice of "fisting" is a form of sexual activity confined primarily to the homosexual community. We report this death to alert forensic pathologists to this unusual practice, which can be fatal.     

也论唐代司法体系中的"三司"

"三司"是唐代司法体系中一个十分重要而特殊的机构,以安史之乱为分界线,三司的发展可分为前后两个阶段,无论在性质还是在职能上都有重大的不同:从高宗到玄宗之时,三司在相当长的一个历史时段内主要是一个代理皇帝受理诉状的秘书性机构,之后三司逐渐演变成为了一级介于皇帝与尚书省之间的审级.肃宗以后,三司逐渐固定地由御史台、刑部以及大理寺的官员组成.唐代的三司走过了一条从皇帝的秘书性机构到常设性司法机构再到临时性司法机构的历程,显示了一条从履行协助君主处理司法事务的辅助性职能到转变为一项正式的国家司法权力,然后又演变为君主个人专断权力的轨迹.三司作为"恤刑"政策的产物,尽管经历了一个比较复杂的演变过程,但却一直起着正面积极的作用.     

Where and When to Spank: A Comparison Between U.S. and Japanese College Students

Although physical punishment has been studied for decades, there are gaps in the literature regarding frequently used form, context, and cross cultural differences. A comparison was made using 227 college students in the United States and Japan, who were presented with four scenarios and surveyed regarding attitudes toward physical punishment, perceptions of appropriate discipline methods, and past experience with physical punishment. Japanese and U.S. respondents reported similar personal experience with physical punishment (Japanese 86%, U.S. 91%). However, U.S. respondents reported a higher likelihood of being hit with an object than did Japanese respondents. For U.S. respondents, the bottom and the hand were the top two sites on the body used for physical punishment, whereas the head and the face were the top two places for the Japanese sample. Unlike U.S. respondents, type of child misbehavior was found to have an impact on Japanese respondents’ views on the appropriate discipline method.     

Appearance of injuries caused by machetes and unusually large knives

Machetes (Spanish-American matchets) are sharp, long knives with a broad blade having a slightly curved edge and a thick back. They are used for clearing paths in rough, densely wooded areas. Just like axes and swords they are suitable for causing not only soft tissue wounds, but also deep slashes in the underlying bone. In military conflicts (especially in Central Africa) they are often used as short-range weapons, whereas it is in the nature of things that they are rarely used in Europe. On the basis of 5 cases from the Freiburg material fatal and survived injuries caused by machetes and similarly large knives are discussed. In 2 cases long chop injuries were inflicted on the head causing sharp-edged transections of the bony skullcap; in one case in which the victim survived a broken off part of the blade lodged in the right os parietale. In another 2 cases complete and subtotal decapitation respectively occurred in the victims. As the instrument can be used both for cutting and stabbing there were not only long cutting injuries, but also gaping stab wounds severing the skin over a length of several centimetres; due to the great length of the blade through-and-through wounds were also seen on the trunk. Massive blows with the thick back of the blade caused streak-like bruising.     

Vladimir Shapoval: "The CEC Is Destined to Be the Scapegoat"

"The law is harsh, but it is the law"—the well-known ancient Roman saying is entirely suitable as a brief synopsis of the Lb.ua interview with the chairman of the Central Election Commission (CEC), Vladimir Shapoval.

"Any electoral legislation, I emphasize, any, will always be 95 percent the product of political expediency. Always. This way gives them an advantage—so be it." This is how he calmly parried my emotional "How can the advantage of the strong be codified in the law (!), and the weak essentially have no chance? What can you do, how can it be?" "All this ‘whining and crying,’ say, the law is this and that in substance, I do not accept it. The laws were adopted—so we will follow them. You cannot get away from it," he added.

It might seem to someone who does not know Vladimir Nikolaevich that the chief vote-counting official is being clever, "covering up" the "distortions" of the authorities "at the local level." He is in fact speaking frankly. The chairman of the Central Election Commission formed on the eve of the 2007 preterm parliamentary elections by a "coalition"—a retired Constitutional Court of Ukraine (CCU) justice, and a doctor of legal sciences who is an active member of the High Council of Justice (HCJ), he can permit himself that. Shapoval contrives to call things by their names: "How the law is written is another matter. And its parts are written abominably," he states bluntly.

In view of this, my discussion with Shapoval—formally tied to the start of a local elections campaign—went far beyond the bounds of a discussion of the legislation on this topic, and even the specifics of the campaign. The more so as I had already discussed this in detail with CEC Deputy Chairman Andrei Magera. Vladimir Nikolaevich, without concealing his indignation, related just what the HCJ is really afraid of (and it turned out it was not at all, or more precisely not only, what they are portraying it to be). Relying on nine years of experience as a CCU justice, he elucidated the risks of the invalidation of the 2004 constitutional reform by the current Constitutional Court—"only those who have face can lose it." Sketching out the situation in the body politic, he summed up, "If the Party of Regions (PoR) does not win the local elections, many questions will arise."     

“过失严重度”及其在医疗事故处理中的应用

目的建立“过失严重度”这一描述医疗事故或纠纷综合严重程度的量化指标。方法“过失严重度”以事故级别系数乘以责任大小系数表示。结果经计算,共产生了15个级别的“过失严重度”,从最重的1到最轻的20。结论“过失严重度”可对不同等级、不同责任程度医疗事故的严重程度进行排序,按照这一排序,可使医疗事故与纠纷的处理更具操作性与合理性。     

Population data of six STR loci using hexaplex PCR amplification and typing system, "Midi-6" in four regional populations in Japan

The genetic differences of the allele frequency distributions for six STR loci (D20S480, D6S2439, D6S1056, D9S1118, D4S2639, and D17S1290) among regions in Japan were examined using our recently designed hexaplex amplification and typing system, "Midi-6" newly named, to construct a database in the Japanese population. Genotypes at six loci were analyzed in 198, 200, 175, and 196 individuals from the area of Akita, Nagoya, Oita, and Okinawa, respectively, in Japan. The allele frequency distributions were significantly different (p<0.05) at from one to five loci among the four populations when compared pairwise. Significant differences were also observed at two or three loci between Oita- or Okinawa-Japanese and the "pooled" population (n=769), respectively. However, since F(ST) (theta) values were extremely low (<0.05), ranging from 0.0020 to 0.0118 for six loci, genetic differentiation within the pooled Japanese population was negligible. Therefore, it suggested that the data of the allele frequencies at six loci in the pooled population would be employed as the base of calculation for statistical probabilities.     

恶意失权规则的价值分析

物权的变动只有经过公示程式,才具有对社会的公信效力,交易安全方可得到确实保障。现行的善意保护规则虽然可以暂时性地弥补公信力的不足,但终究不是法治国家之恰当选择。当然,采纳能够有效保证物权变动公信力的物权行为无因性规则,并非没有限度。不过,缺憾的存在并不可怕,我们可以通过造就恶意失权制度,以矫正物权行为无因性规则的缺陷。