和谐社会视野下以司法救济为核心的权利救济机制之建构

构建社会主义和谐社会必须提高社会矛盾化解能力。改革开放以来,我国社会矛盾不断恶化,传统的社会矛盾化解机制越来越难以应对。随着改革的不断深入,大量新的社会矛盾必将相伴而生。新老矛盾交替,必将给社会稳定带来更严重的压力。针对当前权利救济文化缺失、矛盾化解资源配置不合理、矛盾化解程序设计不科学等问题,应切实转变观念、以民为本,积极培育权利救济文化,重新整合和合理配置各种社会矛盾化解资源,建立以司法救济为核心的权利救济机制。这是及时矫正改革偏差、排解社会怨气、构建社会主义和谐社会的有力保障。     

256例儿童和少年道路交通事故伤残评定回顾性研究

目的 探讨儿童和少年道路交通事故活体损伤的流行病学、损伤及伤残评定特点。方法 对256例儿童和少年道路交通事故伤残评定资料进行回顾性研究。结果 男性多于女性,多见于6～18岁儿童,交通事故每天10～12时和16～18时最多,车辆类型以小汽车和货车多见,肇事方式多见于机动车与行人相撞,伤者的交通方式以步行多见,损伤部位以头部和四肢多见,损伤类型以骨折、挫伤、创多见,但内脏损伤相对较轻,下肢骨折远多于上肢。损伤程度多评定为轻伤,伤残程度以Ⅸ、Ⅹ级轻度伤残为主(33.2％)。结论 儿童和少年道路交通事故伤残评定应适当放宽标准,伤残评定标准应增加儿童和少年的有关条款。     

Evidence in support of self-declaration as a sampling method for the formation of sub-population DNA databases

Well constructed sub-population databases are fundamental to the application of DNA-based forensic statistics. The size of such databases can affect the ability to examine adequately statistical or population genetic features, and the integrity of both the DNA profile and associated ethnicity information is also of importance. Use of short tandem repeat (STR) DNA profiling technology and the thoughtful construction of the governing legislation has seen large databases of DNA profiles collated for the four major sub-populations of New Zealand. Examination of the data illustrates the suitability of self-declaration as a means of categorizing samples on the basis of ethnicity.     

Molecular analysis of the human esterase D gene ESD(*)Q0(yonago) responsible for incompatibility in a Japanese paternity case

In a Japanese paternity test, an alleged father was excluded only by reverse homozygosity of esterase D (ESD) phenotypes (mother, ESD 1; child, ESD 1; alleged father, ESD 2) out of 43 classical and DNA markers investigated. To solve the aberrant inheritance of the ESD phenotypes observed between them, fragments for all eight coding exons amplified by polymerase chain reaction (PCR) were subjected to DNA analysis. The child and alleged father shared a null allele, originating from ESD(*)1. It was characterized by having TGA for the stop codon instead of TCA for serine at codon 63. Thus, the sharing of a rare null gene, ESD(*)Q0(yonago), increased the probability of paternity.     

Banking in a theory of the business cycle: a model and critique of the Basle Accord on risk-based capital requirements for banks

This paper presents a theoretical framework for understanding the investment decisions and financing decisions of financial and non-financial enterprises over the business cycle. At the core of this theoretical framework is an agency problem between relatively more risk averse depositor/bondholders and relatively less risk averse stockholders. The solution to this agency problem is a corporate governance system that takes the form of an up-front contract that directs managers to make portfolio/investment decisions in the interest of their stockholders, and financing decisions in the interest of their depositor/bondholders. This enables depositor/bondholders to offset any risk shifting portfolio/investment decisions made on behalf of the shareholders thereby mitigating the moral hazard problem among debtors and creditors. The Basle Accord on risk-based capital requirements for depository institutions is one particular regulatory application of this more general theoretical framework. The paper concludes with a comparison between the Basle Accord and the 100% reserve or narrow banking proposal as the means of achieving a risk-free medium of exchange and a financial system that facilitates the optimal transfer of resources from savers to investors consistent with society’s aversion towards risk.     

The right of withdrawal in the treaty of Lisbon: a game theoretic reflection on different decision processes in the EU

The ways of decision-making within the EU have significantly changed in the last decades: The rule of unanimity has been more and more substituted by majority voting in order to speed up decision-making processes in a Union of 27 heterogeneous member states. A third possibility is now offered by the Lisbon Treaty including a constitutional right of withdrawal. A member state encountering a loss in its benefits caused by a decision made by majority voting may now demand compensating transfers by using the right of withdrawal. It might threaten to leave the EU if the compensation is denied. Hence, does this mean that member states now have regained a negotiation power comparable to the right to veto? Using a game theoretic approach we investigate the amount of compensating transfers to be offered under majority decisions with exit option compared to decisions requiring unanimity.     

基于聚集机理显现潜指纹发光材料的研究进展

由于潜指纹具有独一无二、终生不变的特点,且包含了人体丰富的化学信息(如内源性物质、外源性物质),故常被称之为个体“信息银行”。指纹的检测已不仅在法医鉴定、个体识别方面起着重要作用,同时还广泛的应用于日常生活中的安全检验和访问控制等领域。尽管DNA分析对个体识别方面,得到了极大的发展,但对潜指纹的显现和分析,仍然是公安技术人员获得个人可靠信息的主要来源。在过去的几十年里,研究人员朝着无损、快速、简易和高效的实现对潜指纹显现的目标出发,开发了许多新的技术和新的材料,也在一定程度上解决了传统潜指纹显现材料对人体伤害较大(如粉尘污染、光学伤害等)的问题,但潜指纹显现在灵敏度及无损检测方面仍然面临着较大的挑战。通过对近年来指纹显现材料与潜指纹的相关成分在溶液中通过疏水-疏水作用、静电作用或抗体-抗原相互作用等,在指纹的嵴上聚集后显现潜指纹的角度出发,对该类潜指纹显现材料的设计和研究进展进行了系统性综述。     

The identification of a victim using the DGGE method for trace deposits collected on adhesive film

The denaturant gradient gel electrophoresis (DGGE) method was used in order to simultaneously estimate the genotypes of different factors in a gel plate consisting of one sheet. A genotype analysis of the blood groups (MN, Duffy, Kidd type) and serotype (Gc system) was carried out. DNA samples were extracted from trace deposits which were transferred on adhesive film from a blood trace obtained from a car tire after a fatal car accident. The reference DNA was prepared from the victim's blood. The PCR amplification fragments were amplified from the gene which controlled each blood group. The primers were designed in order to analyze the genotypes with one to three base substitutions in the amplification product. The denaturant concentration limit of the gel for the DGGE method to detect each genotype of the blood groups (MN, Duffy, Kidd type and Gc system) and other conditions of electrophoresis were performed according to previously methods.The each genotype of the blood groups and the Gc system were all simultaneously distinguished in one plate.     

CT、MRI在弥漫性轴索损伤法医学鉴定中应用价值分析

目的探讨CT和MRI检查方法在弥漫性轴索损伤(diffuse axonal injury,DAI)法医学鉴定中的应用价值。方法收集26例CT和MRI影像资料齐全的DAI鉴定资料进行回顾性分析,比较CT和MRI两种方法对DAI病灶检出率的差异,分析DAI病灶检出数量与法医学鉴定结果之间的关系。结果 26例经MRI检出DAI病灶787个,经CT检出DAI病灶32个,MRI对DAI病灶的敏感度显著高于CT(P0.01)具有统计学意义。26例DAI鉴定的伤残等级数值与影像学检查发现的病灶数量之间存在负相关(r=-0.908,P0.01)。结论 MRI检查对DAI病灶的检出率较CT检查具有明显优势,可为DAI诊断提供更为准确的依据,在法医临床学鉴定中具有重要的应用价值。     

Bilateral fractures of the coronoid processes: differential diagnosis of intra-oral gunshot trauma and scavenging using a sheep crania model

Approximately half of the skeleton of an adult male (minus the cranium) was found in a forested part of Greater Vancouver, Canada, in August 2000 by the Royal Canadian Mounted Police (RCMP). Authorities ruled the death as suicide. The only compelling signs of perimortem trauma were symmetrically fractured coronoid processes of the mandible, which can be attributed to a gunshot in the mouth. However, the remains had also been scavenged by canids, raising a problem in differential diagnosis. Could canid scavenging produce bilateral fracturing of the mandible indistinguishable from gunshot wounds to the mouth? We found that canid scavengers could not mimic the type of damage to the mandible caused by intra-oral gunshot wounding using a sheep model (n = 20). Bilateral fracturing of the coronoid processes was found to be characteristic of intra-oral gunshot wounding, while canid scavengers typically ignore this region of the mandible.     

Mechanism of a splenic injury development in the case of the one-step course of the traumatic process

Taken together, the results of analysis of the major types of deformation of elastic objects (compression, stretching, shear) and of combined injuries to the spleen and its ligamentous apparatus were used to construct a table for differential diagnostics of the mechanisms governing the factors responsible for different types of the injury. Special emphasis is laid on the site of injurious action and its direction with respect to the one-step development of the traumatic process.     

原发性脑干损伤后延髓网状结构bFGF改变的研究

目的研究原发性脑干损伤对碱性成纤维细胞生长因子(bFGF)在延髓网状结构内表达的影响。方法采用撞击法造成实验大鼠脑干损伤死亡,用免疫组化SABC法检测延髓网状结构中bFGF的改变。结果生前损伤组延髓网状结构内bFGF阳性细胞数和阳性强度与正常组及死后损伤组比较显著升高,后两者无显著差异。结论原发性脑干损伤导致延髓网状结构内神经细胞bFGF表达增高。     

大鼠机械性脑干损伤早期延脑网状结构的超微病理研究

探讨脑干损伤早期延脑网状结构的超微病理变化。方法将实验大鼠分为创伤组织和对对照组,透射电镜观察大鼠机械性脑干损伤早期（１０ｍｉｎ,０．５ｈ,１ｈ,３ｈ）延脑网状结构的超微病理变化。结果脑干损伤１０ｍｉｎ即可见神经微丝（ｎｅｕｒｏｆｉｌａｍｅｎｔ,ＮＦ）排列紊乱,疏密不均,ＮＦ臂的缺失,髓鞘层分离,轴膜内皱与髓鞘间形空隙,微血管周围基质密度降低以及线粒体肿胀等超微病变。脑干伤后存活时间延长,上述病变     

Preliminary study on using changes in astrocytes and neurons in the brain-stem of the rat after stab wounds for determining the time of injury

The changes in astrocytes and neurons in the brain-stem of the rat after stab wounds were studied immunohistochemically. Anti-GFAP and anti-albumin antibodies were used to detect the changes of astrocytes and neurons, respectively. The results showed that in normal control group, the numbers of GFAP-positive cells differed in different areas of brain-stem, but remained similar in the same area of different rats. No albumin-positive cells could be found. The number of GFAP-positive cells in antemortem injury groups increased significantly followed by a decrease, and then a further increase. Albumin-positive cells including neurons and glial cells were found after injury in the midbrain, pons and medulla oblongata. In the postmortem injury groups, there were no significant changes in either anti-GFAP or anti-albumin immunoreactivities in any area of brain-stem compared to the control group. These results indicated that the changes in the number of GFAP-positive cells could be used to estimate the time of injury and to diagnose early brain-stem injury. The antemortem and postmortem injuries can also be differentiated by the presence of albumin-positive cells. The authors suggest that the timing and early diagnosis of injury in the brain-stem should be carried out on the basis of comprehensive analyses of changes in both neurons and glial cells.     

大鼠机械性脑干损伤早期延脑网状结构的超微病理研究

目的　探讨脑干损伤早期延脑网状结构的超微病理变化。方法　将实验大鼠分为创伤组和对照组,透射电镜观察大鼠机械性脑干损伤早期（１０ｍｉｎ,０ ．５ｈ,１ｈ ,３ｈ） 延脑网状结构的超微病理变化。结果　脑干损伤１０ｍｉｎ 即可见神经微丝（ｎｅｕｒｏｆｉｌａｍｅｎｔ, ＮＦ） 排列紊乱、疏密不均,ＮＦ 臂的缺失,髓鞘层面分离,轴膜内皱,与髓鞘间形成空隙,微血管周围基质密度降低以及线粒体肿胀等超微病变。脑干伤后存活时间延长,上述病变更为显著。本文就上述超微病变的形成机制及病理学意义进行了探讨。结论　脑干机械性损伤能够明显引起延脑网状结构的超微病理学变化,并增加个体快速死亡和免疫组化染色的易感性     

Development of a simulation model to assess the impact of contamination in casework using STRs

Because contamination is usually tube-specific, negative controls cannot give assurance that an associated batch of extracted casework material is contaminant-free. However, it is possible to use them to predict the level of overall (undetected) contamination that is processed by an operational DNA unit. A MATLAB-based program was used to combine results of negative controls with actual casework DNA profiles to assess the probability that laboratory contaminants will give rise to reportable profiles (along with their likelihood ratios). Using data from an operational DNA unit as an example, it was demonstrated that the risk is inextricably linked to guidelines used to interpret DNA profiles. We have demonstrated how computer-based models can predict the levels of contamination expected in the process and, in addition, how the process can be made more robust by changing reporting guidelines. There is a need to compare DNA profiles against staff and plasticware elimination databases in order to determine sources of contamination. The likeliest outcome of a contamination event is false exclusion.     

Retail cascading in Germany a model for a revision of the PD?

The first 150 words of the full text of this article appear below. Key points

• The EU Prospectus Directive (the ‘PD’),as implemented in several EEA member states, including the UnitedKingdom, and the Regulation accompanying the PD (the ‘Regulation’)render difficult or even inhibit public offers of debt securitiesto retail investors.
• Market participants and their advisors,trade associations such as the International Capital MarketAssociation (‘ICMA’), as well as the United KingdomListing Authority (‘UKLA’) and the Committee ofEuropean Securities Regulators (‘CESR’) have beendealing with the issues. UKLA and ICMA have come forward byproposing a solution regarding the information requirementsof Annex V.5 of the Regulation. The proposal is to utilize Article23.4 of the Regulation allowing information required by theRegulation to be omitted if the information is not pertinentto the offer. CESR may take a wider approach. It has indicatedits willingness to assess whether further Level 2 work is appropriateand legislative action will . . . [Full Text of this Article]