经济法的价值理念和基本原则

目前一些关于经济法理念、价值以及基本原则的讨论,除了语言表述上的差异外,内涵上也有很大不同。笔者认为,经济法的价值并不能脱离法律价值之公平、秩序、自由的范畴,但必须具有其独特的解释;而经济法的基本原则则应当回应和体现其对法律价值解释的意义。本文试图梳理经济法价值理念与基本原则的关系,并将经济法的基本原则表述为:适度干预原则、公共利益原则、合理竞争原则、弱者保护原则。     

Medicolegal investigation in New York City. History and activities 1918-1978

Medicolegal investigation in America can truly be said to have begun in an organized manner in 1918. The Massachusetts medical examiner system, which began in 1877, never developed with the central control and the completeness that characterizes the New York Office of the Chief Medical Examiner, nor did it influence the spread of this form of medicolegal investigation. An overview of the period before the establishment of the New York Office in 1918 and early experiences in coroner's investigation in New York is presented. The roots of the development of the office are discussed, as were the early days of the office under Dr. Charles Norris, whose influence on the spread of knowledge and of providing an important service to the community in general is detailed. The contributions of Alexander Gettler, the father of forensic toxicology in America, are also discussed. The contributions of Gonzales, Vance, Helpern, Umberger, and Wiener are also included. Special problems of New York City are described, including narcotic deaths, gas refrigerator deaths, malaria in addicts, plastic bag hazards, sudden infant deaths, operative deaths, as well as many famous cases involving murder, disasters, and unusual deaths over a period of 60 years. Milestones in the Office of the Chief Medical Examiner of New York City are listed, as are chronological details of major cases and problems. Several comparative figures of the workload and frequency of various types of death are also included. A relationship of deaths to different life-styles is noted.     

Development of a harmonised method for the profiling of amphetamines V: Determination of the variability of the optimised method

This paper is the fifth in a series of six in relation to the development of a harmonised method for the profiling of amphetamine [L. Aalberg, K. Andersson, C. Bertler, H. Borén, M.D. Cole, J. Dahlén, Y. Finnon, H. Huizer, K. Jalava, E. Kaa, E. Lock, A. Lopes, A. Poortman-van der Meer, E. Sippola, Development of a harmonised method for the profiling of amphetamines I. Synthesis of standards and compilation of analytical data, Forensic Sci. Int. 149 (2005) 219-229; L. Aalberg, K. Andersson, C. Bertler, M.D. Cole, Y. Finnon, H. Huizer, K. Jalava, E. Kaa, E. Lock, A. Lopes, A. Poortman-van der Meer, E. Sippola, J. Dahlén, Development of a harmonised method for the profiling of amphetamines II. Stability of impurities in organic solvents, Forensic Sci. Int. 149 (2005) 231-241]. The third paper [K. Andersson, K. Jalava, E. Lock, L. Aalberg, Y. Finnon, H. Huizer, E. Kaa, A. Lopes, A. Poortman-van der Meer, M.D. Cole, J. Dahlén, E. Sippola, Development of a harmonised method for the profiling of amphetamines III. Development of the gas chromatographic method, Forensic Sci. Int., in press] dealt with the optimisation of the gas chromatographic and detection methods whereas the fourth paper [K. Andersson, K. Jalava, E. Lock, Y. Finnon, S. Stevenson, L. Aalberg, H. Huizer, E. Kaa, A. Lopes, A. Poortman-van der Meer, M.D. Cole, J. Dahlén, E. Sippola, Development of a harmonised method for the profiling of amphetamines IV. Optimisation of sample preparation, Forensic Sci. Int., in press] concerned the optimisation of the extraction method prior to GC analysis. This paper is a study of the optimised method in order to determine its stability. Investigations of within and between day variations were carried out in four laboratories. Moreover, variations between laboratories were also determined. Both flame ionisation detector (FID) and MS detection were used. One laboratory studied nitrogen-phosphorous detector (NPD) detection as well. For this task, 12 batches of amphetamine were prepared. Six of them were synthesised via the Leuckart route, three via the nitrostyrene route and three via the reductive amination route [A.M.A. Verweij, Impurities in illicit drug preparations: amphetamine and methamphetamine, Forensic Sci. Rev. 1 (1989) 2-11]. Taking into account all studied target compounds and the average results from four laboratories, the within day variation was around 6% for FID and 5% for MS, the between days variation was around 10% for FID and 8% for MS. For NPD detection, within day variation was 5% and between days variation 9% (only one laboratory). Finally, the inter-laboratory variation was about 12% for FID (four laboratories) and 10% for MS (three laboratories).     

Frequency of laryngeal and hyoid bone trauma in nonhomicidal cases who died after a fall from a height

A retrospective study was carried out on 93 autopsy cases who died after a fall from a height. For each case, following parameters were reported: age, sex, manner of death, estimated height of fall, ground type, estimated site of primary impact, type of laryngeal and hyoid bone trauma, presence of associated local trauma in the neck and cephalic region. Mean age of the studied population was about 33 years. Sex ratio (men/women) was 1.8. Mean height of fall was about 15 m. Manner of death was, respectively, suicide and accident in 70 and 23 cases. The type of ground was concrete in 94% of the cases. The site of primary impact was, respectively, head, front of the body, back of the body, feet/lower limbs, and lateral body in 31, 26, 19, 12, and 5 cases. Cervical soft tissue bruising without laryngohyoid fractures was found in 5 cases. Laryngohyoid fractures were found in 5 cases. These fractures could be explained by direct impact of the neck structures against the ground. The mechanism of these fractures could also be indirect fractures due to high muscle strains on the hyoid bone or thyroid cartilage due to cervical hyperflexion or hyperextension or secondary to mandible or cervical vertebral column fractures.     

Editor's Note

All of the Soviet codifications referred to by the authors of Forensic Psychiatry have been translated into English, as follows:

Criminal Law

Fundamentals of Criminal Legislation of the USSR and Union Republics, and Fundamentals of Criminal Procedure of the USSR and Union Republics: F. J. Feldbrugge, in Law in Eastern Europe, No. 3, under "The Federal Criminal Law of the Soviet Urion" (Z. Szirmai, ed.), A. W. Sythoff, Leyden, 1959; George H. Hanna, in Fundamentals of Soviet Criminal Legislation, the Judicial System, and Criminal Court Procedure, Foreign Languages Publishing House, Moscow, 1960; in Current Digest of the Soviet Press, March 4, 1959.     

论交通事故中的车体痕迹

交通事故司法鉴定中车体痕迹的鉴定至关重要,但目前对车体痕迹的概念、分类等尚见仁见智,存在一定差异,特别是对车体痕迹外部特征的表述,没有形成统一的标准。论文从车体痕迹的概念着手,分析了车体痕迹在司法鉴定中的应用,对广泛存在的车体痕迹从外部特征进行了详细分类,即附着物痕迹、移位痕迹、变形痕迹、刮擦刺剪痕迹、折叠痕迹、破裂破损爆裂痕迹、断脱脱落缺失痕迹、孔洞洞穿类痕迹、塌陷状痕迹、粉碎性痕迹等十种。希望引起讨论,形成统一的标准。     

论我国现行药品专利强制许可立法的不足与完善

面对艾滋病、SARS、禽流感等大规模传染性疾病对公共健康安全的威胁,世界贸易组织以及各国纷纷加强药品专利强制许可立法,当然,我国也不例外。但是,我国现行药品专利强制许可制度,仍然存在立法层次过多、颁发事由不明确、申请主体过窄等不足,在今后进一步完善相关立法时,应考虑在专利法中对药品专利强制许可做出专门的、完整的规定,并明确将公共健康利益需要作为颁发专利强制许可的事由,以及允许任何单位和个人成为药品专利强制许可的申请主体。     

The Aftermath of 11 September 2001: Liberty vs. Security before the Supreme Court of Canada

The terrorist acts of 11 September 2001 and the war on terrorismthat followed have induced a pervasive sense of insecurity inCanada, as elsewhere, and brought about a shift of public policytowards a confinement of security risks in a global era. Inthe polity, as in the legal sphere, there has been an obviousshift of paradigm, from liberty to security. In December 2001,Canada passed an Anti-Terrorism Act. As far as human rightsand freedoms are concerned, the Anti-Terrorism Act is a farcry from the draconian measures of the American Patriot Act,with its military tribunals, incommunicado confinement, preventivedetention without charge, and potentially expeditious applicationof the death penalty. Nevertheless, the Canadian Anti-TerrorismAct remains, in nature, an emergency legislation. In particular,as will be seen here, there has been a clear change of mind,within the Supreme Court of Canada, regarding the authorityof international human rights law, at least where highly sensitivesecurity matters are involved, such as deportation of politicalrefugees suspected of being linked with terrorist organisations. To emphasize this shift in attitude, an analytical framework,allowing us to distinguish between various types of constitutionalreasoning, is needed. This heuristic device must also be sophisticatedenough to single out the emergency situation from the normalstate of affairs. This may not be apparent in day-to-day life,but, since 11 September, the concept of emergency, and the notionthat an exceptional state of affair exists, have been a majorinfluence on our political world.     

Postmortem exsiccation of the fingertips--results of a systematic quantitative and qualitative experimental study

To date there have been no results published on qualitative and quantitative time-related changes with regard to desiccation of human fingertips post mortem. The fingertips of 52 hands from 36 corpses were qualitatively examined soon after death (2-6 h) to 120 h post mortem. The quantitative investigations were confined to the tips of the middle fingers. The width of three adjoining ridges of the skin was measured in four defined areas of the middle fingertips, and photographs were taken at intervals of 2, 3, 4, 5, 6, 7, 8, 12, 20, 26, 32, 44, 50, 60, 72, 84, 96 and 120 h p.m. Concerning the qualitative test results, four time-related stages were classified macroscopically and by a pocket lens (X25). Desiccation stage IV correlates to the period 72 h after death in bodies found in apartments. Besides the rough, wrinkled, and brown or black surface of the fingertips, microwrinkles of the epidermis occur on the skin ridges, which have so far not been described. The quantitative results did not show any changes in the width of the skin ridges, independent of age, sex, right or left hand.     

Insect faunal succession on decaying rabbit carcasses in Punjab, India

Insect faunal succession on decaying rabbit carcasses was carried out at Punjabi University, Patiala (Punjab), India, from March 1997 to December 1999. Four stages of decomposition were recognized, i.e., fresh, bloated, decay, and dry. A total of 38 insect species belonging to four orders and 13 families were recorded. Diptera, Coleoptera, and Hymenoptera dominated the carrion fauna. Calliphorids were the first to arrive in all the seasons of the year. Five species of Calliphoridae, four of Sarcophagidae, ten of Muscidae, and one each from Anthomyiidae and Otitidae were observed on rabbit carcasses. Representatives of six Coleopteran families, i.e., Staphylinidae, Histeridae, Cleridae, Dermestidae, Tenebrionidae, and Silphidae, were recorded. Eight species belonging to family Formicidae (Hymenoptera) were also collected during the present studies. Only one species of Lepidoptera was observed on carrion.     

司法证明机理：一个亟待开拓的研究领域

司法证明机理是指由多方证明主体共同参与进行证据推理活动的内在规律和原理。没有对证明机理的深入把握,就难以通过"证据群"获得可靠的事实认定结论。近年来,英美学者致力于对证明机理的探索,开辟了一个全新的交叉学科领域。证明机理的研究对于摆脱司法证明的现实困境具有重要意义。我们应当批判地吸收和借鉴英美"新证据学"的研究成果,综合运用系统论、逻辑学、心理学、语言学、行为科学等多种研究方法进行系统化研究,以期实现司法证明的科学化。     

成都市嗜尸昆虫种类季节变化研究

目的 研究成都市嗜尸昆虫种类及其与季节变化的关系。方法 经过两年重复试验,观察3～11月兔尸上嗜尸昆虫种类变化。结果 发现3～11月兔尸上出现的嗜尸昆虫种类主要有舍蝇、丝光绿蝇、大头金蝇、赭尾麻蝇、巨阿尾丽蝇。其中,巨阿尾丽蝇见于3、4月,舍蝇出现于4月中旬至10月初,而大头金蝇、丝光绿蝇、赭尾麻蝇则自3月至10月中下旬均可见到,10月底以后则见不到任何嗜尸苍蝇。幼虫的出现晚于成虫1～4天不等,与季节及环境有关。结论 通过舍蝇、丝光绿蝇、大头金蝇、赭尾麻绳、巨阿尾丽蝇的生命周期的研究,有望为成都市法医学实践中死亡时间的推断提供依据。     

Regulatory Conversations

The article proposes a new site of analysis for the study of regulation: regulatory conversations, and a new theoretical approach: discourse analysis. Regulatory conversations, the communicative interactions that occur between all involved in the regulatory 'space', are an important part of most regulatory systems. Discourse analysis, the study of the use of language and communication, suggests that such interactions are constitutive of the regulatory process, that they serve important functions, that they can be the basis of co-ordinated action, and that they are important sites of conflict and contestation. The article explores five key contentions of discourse analysis, considering how each may shed light on aspects of regulatory processes. These are, first as to the meaning of language and co-ordination of social practices; second, as to the construction of identities; third, the relationship of language, thought, and knowledge; fourth, the relationship of language and power, and finally, that meaning, thought, knowledge, and power are open to contestation and change.     

繁荣发展中的中国民法学

2006年的中国民法学在各个方面呈现了繁荣发展的局面,尤其围绕着物权立法和相关理论问题展开了激烈的讨论,其中涉及到物权法的合宪性、物权法定原则及其缓和、所有权的平等保护、登记制度等。此外,在法学方法论、民法典体系与总则、人格权法、合同法和侵权法等重要部门法中都出现了新的理论观点,尤其在侵权法领域,随着立法工作的推进,围绕着侵权法立法模式、归责原则、具体侵权形态出现了较多的学术成果。青年学者的大量涌现,也反映了我国民法学的日益繁荣。但学术成果仍有一些浮躁的痕迹。     

Crime, accidents and (dis)organization: Rhizomic communications on/of a foodscare

``Organization', as in organized crime, or organizationalor corporate crime, has, in criminological discourse, often something fixed about it. ``Crime' then is often being read as the more or less logical outcome of intentional organization.And the same would go for the ``control', or regulation of organized/organizational crime. An undercurrent of fixedassumptions like these about the fixity of organized/organizationalcrime and its regulation often structures criminological theoryand research. In an age of events (cf. Deleuze), and of eventsas accidents (cf. Massumi), this criminological discursiveundercurrent is in need of some supplements. If, as one mightbe able to assume, ``organizations' (of ``crime', and of ``control') can now be read appropriately as clusters of events/accidents, then it pays to look towards and focus onall and everything Outside the lines which we once consideredto be ``organizational' boundaries. This Outside – a spaceof multiplicity, and thus of ambivalence, undecidability, and(im)possibility – can be read as the cradle of contemporary``organizations' (of ``crime' and ``control'). In this paper,we illustrate this with the example of a recent case, in Belgium,of food contamination, and a foodscare which emerged in its wake.Inspired by recent discussions in organization theory (see partI of this essay), we develop the case study in part II of thispaper. With this paper, we hope to rethink ``organization', and thus ``organizational crime' and ``organized crime' aswell. But we also hope to contribute, through our reading ofcontemporary rhizomics, to the study of foodscares, and perhapsto the study of ``panics' more generally. Reading ``crimes',``controls' and ``criminologies', in a Deleuzean way, aslabyrinthine hybridities will, we think, also help to rethinkcriminology in an era of meshy, (dis)organized capitalism (cf.Lash and Urry).     

生产事故伤487例分析

创伤是现代社会的一个突出问题，并已成为人口死亡的主要原因之一。生产事故同交通事故一样危害极大，严重威胁人类的生命安全。本文就近年来阳泉地区生产事故伤４８７例进行统计分析，结果提示：（１）生产事故死亡高危人群呈“四多”特征：男性多（男女之比为８０：１）；青壮年多（７４．９％）；农协工、临时工多（８５．０％）；外地人多（６１．６％）。（２）生产事故作业环境有“四高”现象；县乡村办企业发生率高（８５．４％）；煤炭建材部门发生率高（８８．３％），冒顶爆炸等事故发生率高（８６．４％）；并下高空事故发生率高（７２．５％）。（３）时间因素以７－９月份、每月下旬，每天８－１０时和１６－１８时是高发。（４）ＣＯ中毒、缺氧窒息、挤压是生产事故致伤人体的主要方式（８２．１％）。（５）机械性损伤多，损伤复杂。（６）颅脑损伤、ＣＯ中毒、创伤性窒息、失血性休克、多系统器官功能衰竭构成生产事故的五大死因。同时作者建议：加强生产事故伤的流行病学研究；加强生产安全管理；加强创伤初期急救系统建立。     

清代冕宁诉状与西南少数民族地区的纠纷解决机制

四川民族混居地冕宁县保存了大量的清代司法档案，客观地再现了西南少数民族地区司法实践的原始状态。详细分析其诉状并结合地方志等材料，可以看到清代这一地区的诉讼制度已较完善；各族民众将到州县诉讼作为纠纷最终解决方式已很普遍，已具有较强的国家法律意识；案件审断既能遵循国家律例及其规定程序，又能根据当地情况进行适当的变通，以实现多民族和谐相处的社会效果。     

血中安定及其代谢物的酶水解研究

目的考察木瓜蛋白酶水解血中安定及其代谢物蛋白结合物的酶解条件,提高安定的提取率。方法采用正交试验确定酶解的最优条件,检材经蛋白酶水解,固相萃取后,应用LC-MS／MS方法进行检测,运用保留时间和MRM（多离子反应监测）方式来对血中安定及其代谢物进行定性定量分析。结果安定、去甲安定、去甲异安定、羟基安定和去甲羟基安定的最佳酶解条件分别为55℃,2．5h,pH7．0,8000U;50℃,1h,pH7．5,8000U;50℃,1h,pH7．5,8000U;50℃,1．5h,pH7．5,8000U;50℃,1．5h,pH7．5,8000U。结论酶水解后的血液中安定及其代谢物检出量明显增加。