海洋命运共同体思想的内涵和实践路径

海洋命运共同体思想是人类命运共同体思想在海洋领域的细化,反映了国际海洋法的发展趋势和价值目标。它创造性的继承并发展了和而不同思想以及共同体思想,为全球海洋治理提供了新的价值指引。海洋命运共同体是共同体成员基于海洋共识和共同的海洋利益产生认同感和归属感,通过在海洋领域的共同合作形成的联合体,包括海洋政治、安全、经济、文化和生态命运共同体。中国在区域可以通过实施多边海洋行动,构建区域海洋命运共同体,实现区域合作关系的升级。海洋命运共同体是超越民族和国家的海洋观,中国在全球可以通过构建海上丝路命运共同体、提升国际制度性话语权和形成国际海洋法律新制度来践行海洋命运共同体思想。     

混合血迹中不同个体成份逐一分离识别的研究

目的研究法庭科学混合血迹物证中不同个体成份逐一分离、识别的问题,建立适合混合血迹个体识别的分析技术。方法采用PCR-SSCP及测序技术,选择m tDNA D-loop区的HVI 16030~16481区域452 bp片段作为分析目标,对中国汉族两无关个体、三无关个体混合血迹进行分析。结果100份两个体混合血迹样品m tDNA 452bp的PCR产物经SSCP电泳分离,结果有95份样品完全分离开,分离成功率达95%;30份三个体混合血迹样品452 bp片段经SSCP电泳分离,结果有26份样品有1~3个个体完全分离开,分离成功率达84%。对其中3份两个体混合血样、2份三个体混合血样SSCP电泳分离后的谱带进行回收、测序分析,两个体混合血样每一份均可准确获得其中单一个体序列及以另一个体主要成份(峰值比达4∶1以上)的序列结果;三个体混合血迹中不同个体成份可以达到初步分离,1份可准确确定单一个体序列。对两个体不同比例混合样品SSCP分析,结果可以检测到较少成份的最低比例为20∶80。结论本研究建立的PCR-SSCP及测序分析混合血迹综合技术,是对混合血迹中不同个体成份逐一分离、识别的一种有效技术手段。     

Determination of postmortem interval from old skeletal remains by image analysis of luminol test results.

The luminol test is routinely used in forensic serology to locate blood traces and identify blood stains not visible to the naked eye; its sensitivity is reported as ranging from 1:100,000 to 1:5,000,000. To evaluate the possibility of correlating the postmortem interval with blood remnants in bone tissue, the luminol test was performed on 80 femurs with a known time of death, grouped in five classes. Powdered bone (30 mg) was recovered from compact tissue of the mid-shaft of each femur and was treated with 0.1 mL of Luminol solution (Sirchie Finger Print Laboratories, Inc.). The reactions were observed in a dark room and filmed by a TV camera equipped with a recording tape. An intense chemiluminescence was observed after a few seconds in all 20 femurs with a PMI ranging from 1 month to 3 years. On the 20 femurs with a PMI ranging from 10-15 years, a clear chemiluminescence was visible with the naked eye in 80% of the sample. Among the 20 femurs with a PMI ranging from 25 to 35 years, a weaker chemiluminescence appeared in 7 femurs (33% of the sample). In the 10 femurs with a PMI ranging from 50 to 60 years, a faint reaction was observed only in a single femur. In none of the ten femurs with a PMI over 80 years was chemiluminescence observed. The image of each reaction was computerized and analyzed for gray scale. The results of image analysis show a possible quantitative relationship between the PMI and luminol chemiluminescence in powdered bone.     

Mediation Verses Arrest Approaches to Domestic Assault: Policy Implications for Addressing Domestic Abuse Among Under-Educated and Jobless Offenders

Mediation as a response to domestic abuse would seem a promising direction in curbing domestic battering among offenders with a low stake in conformity. This study compares the effects of mediation verses arrest on two general types of domestic abusers; one category with a high school education or above and is presently employed, while the other category comprising individuals with less than a high school education and are currently unemployed. Pooled data from three of the original group of six Minneapolis Domestic Violence Project cities are used in this study. The findings show unemployed Blacks with less than a high school education who were mediated were significantly less likely to have re-offended within six months than unemployed non-Blacks similarly mediated with less than a high school education. Also, unemployed Blacks with less than a high school education not mediated were significantly more likely to re-offend than unemployed non-Blacks with less than a high school education and not mediated. Finally, among those in the sample unemployed with less than a high school education and mediated were significantly less likely to re-offend compared to those not mediated. The findings are consistent with seeing mediation as a viable police strategy in curbing domestic abuse among jobless and undereducated offenders.     

Sudden death from hyponatremia and hypokalemia in a woman with Gardner syndrome.

The authors present the case of a 39-year-old woman with Gardner syndrome who died from marked hyponatremia and hypokalemia. Gardner syndrome is a rare variant of the familial adenomatous polyposis syndrome in which the affected individual develops thousands of polyps within the gastrointestinal tract, with a 100% risk of eventual malignant change. Individuals with Gardner syndrome also develop a variety of extra gastrointestinal abnormalities. In the case presented, a woman with a clinical history of Gardner syndrome who had previously undergone a total colectomy with ileorectal anastomosis presented to the hospital with a recent history of sore throat, fever, diarrhea, and abdominal pain. The symptoms were considered clinically to be due to a viral gastroenteritis. She was admitted to the hospital, where she had episodes of collapse believed to be vasovagal in origin. She suffered a cardiorespiratory arrest and died 24 hours after admission. After her death, electrolyte estimation performed on blood taken shortly before death revealed severe hyponatremia and hypokalemia. Postmortem examination showed the gastric mucosa to be virtually covered by innumerable adenomatous and hyperplastic polyps. Fewer polyps were seen within the small bowel. There was no evidence of malignancy. The features were consistent with Gardner syndrome. Hyponatremia and hypokalemia have been described in patients with villous adenomas and in familial adenomatous polyposis syndromes associated with numerous colonic polyps. The cause of death in this case was considered to be hyponatremia and hypokalemia associated with florid gastric polyps in a woman with Gardner syndrome. Viral gastroenteritis contributed to the death by causing further electrolyte depletion. To the best of the authors' knowledge, death in Gardner syndrome has not been described as attributable to such metabolic disturbance, in particular in those who have only gastric, small bowel, and rectal polyps remaining after total colectomy.     

Suicide with a walking cane gun: weapon, injury picture and psychopathology]

In Germany firearms camouflaged as items of daily use are forbidden. While reports on ball-point pen-guns have repeatedly been published in literature, the use of a walking-stick gun is a rarity. The report deals with the suicide of a 31-year-old schizophrenic man who inflicted a shotgun injury to his head with typical morphological characteristics. The weapon used was a normal-looking walking stick with a barrel, cal. .410. Under forensic and criminological aspects the significance of a walking-stick gun is comparable to that of ball-point pen-guns. Both weapons can be carried and used inconspicuously, but from a walking-stick gun also ammunition of larger calibres with a higher potential of injury can be fired.     

The presence of low IQ and mental retardation among murder defendants referred for pretrial evaluation

After an overview of definitions of mental retardation and recent case law regarding mental retardation and the death penalty, this paper presents a study of factors associated with a mental retardation (MR) diagnosis among murder defendants. Subjects with a full-scale IQ< or =70 (n=42) were compared with other pretrial murder defendants (n=228) referred for forensic evaluation over a 5-year period. Subjects with an IQ< or =70 who were diagnosed with MR were compared with subjects with an IQ< or =70 who did not receive this diagnosis. Female murder defendants were more likely to receive a diagnosis of MR (p=0.03). MR was also more commonly diagnosed in subjects with an Axis I cognitive disorder (p=0.018). Having an IQ< or =70 was more common in subjects with a psychotic and substance use disorder (p=0.03) and did not necessarily lead to a diagnosis of MR in this subgroup. Implications for diagnosing MR among murder defendants are discussed.     

Determination of questionable suicide as a homicide by studies of criminal stains

In a woman found dead with cuts on both arms in a domestic sauna plastered with blood were assumed next to a bleed to death. The question self-infliction or by a third party of arm injuries could not be decided. By investigation of blood traces only could be clarified the cause of death. The husband had strangled his wife and inflicted several cuts on both arms with a razor blade to simulate suicide. Afterwards, he also inflicted several cuts on himself with a razor blade with the intention of suicide. He survived these injuries.     

论法治政府的标准

法治政府的评价标准,是法治政府建设目标的进一步具体化、展开和延伸,也是衡量一个国家法治政府实现程度的标尺。评价一个国家法治政府的实现程度包含四个方面的标准,即法治政府的价值标准、职权范围标准、行政体制构造标准和依法行政的标准。     

Three unusual neuropathologic-related causes of sudden death

We discuss the autopsy findings of three medico-legal cases of sudden death associated with uncommon neuropathologic findings of which the general forensic pathologist may not be familiar. Case 1 was a 43-year-old man who died of a seizure due to malignant melanoma of the temporal lobe associated with neurocutaneous melanosis (NCM). Case 2 was a 57-year-old woman with a history of mental retardation and incoordination because of chronic lead poisoning, who died of a pulmonary thromboembolism due to deep venous thrombosis status post left leg fracture after a fall down a staircase. Autopsy revealed atrophy and gliosis of her cerebellum as a result of childhood lead poisoning. The third patient was a 75-year-old woman who died as a result of acute bacterial leptomeningitis at the cervico-medullary junction with acute inflammation of the connective tissue of her upper cervical spinal column associated with subluxation of her atlantoaxial (AA) joint, also known as Grisel's syndrome.     

Juror decision making for juveniles tried as adults: the effects of defendant age,crime type,and crime outcome

This study examined the influences of the crime type (person or property) and the crime outcome (mild or severe) on mock jurors’ verdict and sentencing decisions for adult defendants and juvenile defendants tried as adults. Jurors read a trial summary depicting a defendant charged with aggravated robbery or second-degree burglary. The crimes had either mild or severe damage inflicted on the person or property, and the defendant's age was presented as 14 or 24. Neither the defendant age nor the crime outcome affected jurors’ verdicts; however, jurors were more likely to convict a defendant charged with a crime against a person. Jurors recommended longer sentences for an adult defendant, a defendant charged with a crime against a person, and a defendant charged with a crime with a severe outcome. The discussion explored these outcomes and the role of bias in jurors’ perceptions of defendants.     

Intimate Partner Violence Related Stress and the Coping Experiences of Survivors: “There’s Only So Much a Person Can Handle”

Intimate partner violence (IPV) is a prevalent problem associated with multiple negative outcomes for survivors’ well-being. Coping has emerged as an important construct in understanding the association between IPV and survivors’ well-being. Research is needed to better understand the contextual complexity of IPV as a stressor, determine if IPV is a unique stressor, and document survivors’ coping experiences. This article reports findings of a qualitative study with 25 female survivors and 6 service providers. Analysis of interview data shows 3 key themes: (a) coping strategies used by survivors; (b) challenges and barriers to coping with IPV; and (c) IPV as a unique stressor. Despite multiple challenges and barriers to coping with IPV, survivors use multiple, varied strategies to cope with their experiences of abuse. However, given the context and nature of IPV, violent victimization is a distinct stressor with unique barriers that often require IPV-specific coping strategies.     

When should a firm collaborate with research organizations for innovation performance? The moderating role of innovation orientation,size, and age

Little is known about the conditions strengthening or weakening the impact of a firm’s collaboration with research organizations on innovation performance. Thus, this study uses a sample of 542 manufacturing firms in Korea to examine how innovation orientation and firm size and age as internal characteristics influence the relationship between collaboration with research organizations and innovation performance. The results show that collaboration with research organizations has a positive impact on innovation performance. More importantly, this effect is stronger (weaker) for firms with a strong orientation toward exploration (exploitation). In addition, older or larger firms obtain greater benefits from collaboration with research organizations. This study contributes toward clarifying a firm’s collaboration with research organizations.     

Sudden death in mitral valve prolapse: Associated accessory atrioventricular pathways

Sudden death in patients with mitral valve prolapse is a rare complication with a possible arrhythmic mechanism. We made a detailed postmortem examination of the conduction system in three patients with MVP who died suddenly. One patient who died in cardiac failure had a normal conduction system. The two other patients with no cardiac symptoms prior to death had both accessory atrioventricular pathways.These findings suggest a higher incidence than hitherto known of accessory bypass tracts in patients with MVP who die suddenly, and support the presumption of an arrhythmic cause of death.     

Death by chainsaw: fatal kickback injuries to the neck

Each year over 3 million new chainsaws are sold in the United States. The operation of these newer saws combined with the millions of older chainsaws in circulation results in over 28,000 chainsaw-related injures annually. The majority of the injuries involve the hands and lower extremities with less than 10% involving injuries to the head and neck regions. Deaths while operating a chainsaw are extremely rare. The most common hazards associated with chainsaws are injuries caused by kickback, pushback, and pull-in. Kickback is the most common and poses the greatest hazard. Kickback occurs when the rotating chain is stopped suddenly by contact with a more solid area throwing the saw rapidly backward toward the operator. The cause of most injuries can be traced to improper use of the saw or poor judgment on part of the operator. We present two fatal chainsaw deaths; one with an older style saw, and the other with a modern type. In both cases the victims died from fatal injuries received to the neck region from a chainsaw kickback. The first case involved a 49-year-old white male operating an older style chainsaw with limited safety features. The second case involved a 38-year old white male who was operating a newer model chainsaw equipped with a low kickback chain in an unsafe manner.     

A novel hunting accident. Discharge of a firearm by a hunting dog

The authors report the case of a 21-year-old man who was killed while duck hunting when a shotgun accidentally discharged, shooting him in the head. The loaded weapon, which had been lying on the ground with the safety off and the muzzle pointed toward a river a few feet away, discharged when a hunting dog stepped on the trigger. Scene investigation confirmed that the victim had been standing in the river, planting decoys, with his head approximately level with the adjacent bank. Autopsy examination and ballistic testing confirmed a range of fire consistent with the witness' statements. Examination of the weapon in question documented a light trigger pull but no mechanical defects. The authors review the epidemiology and causality of hunting accidents and discuss the various safety rules that were violated in this highly unusual case. The importance of a complete death investigation, including autopsy, when dealing with a firearm death is emphasized.     

Diffusion of responsibility in crime,punishment, and other adversity

Three studies tested the hypothesis that an individual acting alone, compared with an individual group member, would be held more responsible for behavior leading to a negative consequence. In one study, 240 subjects read scenarios of an event with a negative outcome involving one, two, three, or four individuals. As predicted, there was a significant inverse relationship between the number of participants and the degree of attributed responsibility. The second study investigated subjects' attributions of responsibility for criminals committing a crime alone or with a partner. Single perpetrators were considered more responsible than those acting with a partner, although there was no difference in sentence length assigned. In the third, archival-type study, prison sentences for criminals who had actually committed a robbery alone or with others were examined. Again, there was diffusion of responsibility: criminals acting alone received significantly longer sentences than perpetrators who had committed a similar crime, but who had acted with others.     

How do professionals experience working with offenders diagnosed with personality disorder within a prison environment?

To explore the different experiences of a Multidisciplinary Team working with offenders diagnosed with personality disorder (PD) and produce a substantive model of the Offender PD Pathway strategy from a staff perspective. Fourteen participants were recruited from ‘Unit A’ located within a high security prison. Semi-structured interviews were conducted with participants and the data collected were analysed using constructivist grounded theory. A model was constructed depicting the experiences of those working with offenders with PD. Main themes identified were: prison environment; synergy of the workforce; understanding of the client; individual perceptions; support; and personal change. Although there was enough similarity within the participants’ responses to consider them to be a homogenous population, there were some noticeable differences in trends of responses evident between the two sub-groups of health service-based clinical staff and prison staff as expressed in the model. There is interplay between factors which influence an individual’s experience of working with offenders with PD. How a member of staff experiences working with offenders with PD depends on more than just the nature of the client and the challenges they pose. These factors external to the client group appear to have a significant impact on the professional and their emotional experiences of their work.     

Sudden death due to a central neurocytoma.

The central neurocytoma is a common, usually intraventricular tumor with bland histologic features. We report a case of a 51-year-old man who died suddenly. At autopsy, a neurocytoma with acute hemorrhage filled the anterior left lateral ventricle. The tumor matrix and surrounding brain tissue contained accumulations of hemosiderin. Previously, 2 cases of central neurocytoma with associated hemorrhage have been reported. Hemorrhage appears to be a serious complication associated with these neoplasms.     

选举权的性质解析

Suffrage is not a right “recognized” by the Constitution but “created” by people through the Constitution, which is a right of the closest relationship with the people’s sovereignty. It is both a right and a power, where the attribute of right is manifested in that it can be waived with the nature of interest and will, and the attribute of power is manifested in that it can determine the interest and destiny of candidates. However, no attribute is complete. Suffrage is an individual right rather than a collective right, with indirect relationship with the state power but direct relationship with the “holders” of state power, creating them and in turn influencing the state power.