论信访终结标准体系之构建——基于北京市和湛江公安系统的调研

现行信访终结标准存在内部缺陷和外部适用困境。信访终结标准重"程序"轻"实体"的特性,信访倒逼现象的出现,一体化终结标准适用受限的现状,导致信访终结机制运行失效。在明确信访终结机制"疏导"信访洪峰的功能定位的基础上,秉持"利益平衡"的基本原则,构建"总体标准——个体标准"相结合的信访终结标准体系是解决的可行方案。其中总体标准是总体性规定,侧重于程序,讲求统一性。个体标准是在信访案件类型化基础上的个体性设计,侧重实体,考虑个性化。     

Wipe-test and patch-test for alcohol misuse based on the concentration ratio of fatty acid ethyl esters and squalene CFAEE/CSQ in skin surface lipids

Fatty acid ethyl esters (FAEE) are known to be formed in blood and almost all human tissues after alcohol consumption and to be incorporated from sebum into hair where they can be used as long-term markers for excessive alcohol consumption. In order to examine whether skin surface lipids which consist mainly of sebum are an equally useful matrix for measurement of FAEE as alcohol abuse markers, samples were collected by a wipe-test from the forehead of 13 teetotallers, 16 social drinkers, 10 death cases with known recent alcohol misuse and five death cases without indications of alcohol misuse. The samples were analysed by headspace solid-phase microextraction and gas chromatography-mass spectrometry for ethyl myristate, ethyl palmitate, ethyl oleate and ethyl stearate and by high performance liquid chromatography with photodiode array detector for squalene, (SQ), as a natural reference substance which the FAEE concentrations were related to. The ratio mFAEE/mSQ ranged between 0.16 and 1.12 ng/microg (mean 0.34 ng/microg) for the teetotallers and between 0.08 and 0.94 ng/microg (mean 0.37 ng/microg) for the social drinkers with no significant difference between both groups. For the alcoholics 2.4-24.2 ng/microg (mean 13.1 ng/microg) were found. For two volunteers the course of mFAEE/mSQ 2 weeks before and 3 weeks after a single high alcohol dose was pursued by daily wipe tests. A strong increase of mFAEE/mSQ occurred between 7 and 12 days after the drinking event. This delay can be explained by the transition time of about 8 days between sebum production and its appearance on the skin surface known from literature. For seven social drinkers skin surface lipid samples were also collected using drug of abuse patches of the firm PharmCheck. The ratios mFAEE/mSQ in these samples were in the same range as from the wipe-test. The comparison with the self-reported ethanol amounts consumed the week before and during the test gave no good correlation (R2 = 0.42). It can be concluded from the results that FAEE in skin surface lipids can be used for medium-term retrospective detection of heavy drinking.     

Characterization of the triacylglycerol crystal formation in adipose tissue during a vehicle collision

The unusual appearance of crystalline fat structures was observed during the postmortem examination of a motor vehicle accident victim. The crystal structures were characterized using Fourier transform infrared spectroscopy and x-ray diffractometry. The structures were found to be made of triacylglycerols, a dominant lipid structure found in human adipose tissue, capable of forming various polymorphic structures. The morphology of the crystalline material was found using both techniques to be predominantly the beta' form of triacylglycerols. The accelerated growth of such triacylglycerol morphology has been observed as a result of shear stresses in other studies involving edible fats. As a result of the findings of this study, it is proposed that increased shear forces may be responsible for the formation of the unusual fat structure found in the victim. An understanding of the effect of forces on the structure of body fat in high-impact collisions can potentially assist in verifying a high-velocity impact.     

刑法解释的立场:一元双层形式解释论刍议

我国刑法学界近年来形成了形式解释论与实质解释论之争。通过对形式解释与实质解释的概念及双方的争点进行梳理和辨析,初步认为形式解释与实质解释虽然在表面上争论激烈,但双方在刑法解释论上可能都或多或少地存在一些毕其功于一役的偏执追求,将解释与判断压缩、混淆在一起,从而对刑法解释这一极其复杂精深的学问做了过于简单化的处理。从罪刑法定与构成要件论等刑法根基出发,提倡一元双层形式解释论,即通过将解释与判断分阶层处理,整合形式与实质两方面的资源,使形式与实质因素各得其所,从而完成对构成要件符合性的整体判断。     

电击兔肢体所致骨损伤后的实验性研究

目的220V交流电击兔肢体后,观察电击部位骨表面的病理改变,为法医病理诊断电击伤提供客观、量化的指标。方法用220V交流电作为损伤电压。动物分为:生前电击组、死后5m in电击组、腐败组及正常对照组。每组骨骼标本均进行肉眼检察、X线检测及SEM观察;同时运用能谱仪测量电击部位元素的种类及含量。结果①电击部位骨皮质SEM下骨皮质紊乱、小孔穴形成、周围高密度影环绕,且钙、磷元素升高,碳元素下降是诊断电击伤的指标,并能鉴别生前、死后电击伤及腐败骨。②小孔穴的形态及钙、磷、碳元素的变化可用于推断电击时间。结论电击造成骨组织的形态及电击部位元素的改变可作为鉴别生前、死后电击伤、腐败骨和推断电击时间的指标。     

民主价值的司法维护机理

民主治理的理念、权利保障的意识和权力制约的价值取向是现代宪法的基本精神,维护和实现宪法的民主价值是人民主权的内在要求,也是司法的应有功能。司法的组织结构、程序机制和管辖范围决定了法院可以通过政治渠道的疏通实现形式民主与实质民主的有机统一,通过价值整合实现民主秩序结构与文化秩序结构的有机融合,通过宪法阐释实现法律意志与公众政治意愿的有机结合,从而有效解决形式民主与实质民主、集体自主与个人选择、过去的法律意志与现时的民众意愿之间的冲突。     

Women arrested for partner violence and substance use: an exploration of discrepancies in the literature

Discrepancies exist in research examining substance problems within groups of women arrested for intimate partner violence (IPV). In some studies women IPV arrestees have been found to be at high risk for substance-related problems, whereas in others they are found to be at low risk for substance-related problems. The current study explores these discrepancies then compares a sample of women court ordered to a domestic violence diversion program (n = 78) to a matched sample of men (n = 78) in the same program using police report information, self-report measures, the Substance Abuse Subtle Screening Inventory-3, and the Millon Clinical Multiaxial Inventory-III alcohol and drug subscales. Women IPV arrestees had a low occurrence of substance use during the arresting incident, a low incidence of substance-related diagnoses, and fewer substance-related problems than did men IPV arrestees. However, women demonstrated personality structures susceptible to nondiagnosable, hazardous drinking patterns.     

Optical enhancement of fingerprint deposits on brass using digital color mapping

Abstract: The reflection of visible light from α‐phase brass subject to surface oxidation in air at elevated temperatures is investigated. X‐ray photoelectron and auger electron spectroscopy confirm that covered areas of brass (not exposed to air) display dezincification but an absence of significant surface oxidation, confirming a differential oxidation mechanism. Visualization of differential oxidation is shown to be enhanced by selective digital mapping of colors reflected from the surface of the brass using Adobe^® Photoshop^®. Enhancement is optimal when the brass is heated to ～250°C with areas of oxidation having a mirror‐like appearance. The use of this enhancement method to produce a faithful image of fingerprint ridge characteristics is demonstrated on brass shell casings where fingerprints were deposited prefiring.     

High-quality Digital 3D Reconstruction of Microscopic Findings in Forensic Pathology: The Terminal Pathway of a Heart Stab Wound*

High-quality digital three-dimensional (3D) reconstructions of microscopic findings have been used in anatomical and histopathologic research, but their use in forensic pathology may also be of interest. This paper presents an application of these methods to better characterize the pathway of a stab wound of the anterior surface of the heart in a case of suicide. A portion of the heart wall including the stab wound was serially sectioned for microscopic analysis along the full extent of the wound. Histologic sections were digitally acquired, and a 3D reconstruction was created with ImageJ software for 3D computer graphics. This showed a full-thickness wound path extending to the endocardial surface of the left ventricle, curvilinear in appearance. After correction for shrinkage, 3D reconstruction allowed estimation of the dimensions of the myocardial injury and comparison of the appearance of the wound with the suspected knife used. The curvilinear appearance was considered to reflect injury during myocardial contraction. Complete microscopic sectioning and 3D reconstruction may allow virtual sectioning through various orientations and also provide useful forensic information for selected injuries.     

Criminal assessment of the age of fingerprints

The article deals with the method of determining the age of fingerprints elaborated in Poland. It consists in analysing the changes occurring in the perspiratory-adipose substance with lapse of time and enables to determine a presumable time of leaving the evidential traces on smooth and unabsorptive surface within the limits from 24 hours to a few years.     

The effect of household corrosive substances on latent fingermark development in the context of deliberate corrosive substance attacks

Corrosive substance attacks (CSA) are a prevalent issue in the UK with 525 offenses involving a corrosive substance reported to the police in the year ending March 2022. Easy availability, low cost, and concealability in public are common reasons for choosing a corrosive substance as a weapon. The Metropolitan Police revealed that 68% of 1849 CSA cases resulted in no suspect identified or evidential difficulties. There is limited research into the effect of corrosive substances on latent fingermarks. This study aimed to determine the potential for fingermarks to be recovered from surfaces exposed to a household corrosive substance within the context of a deliberate CSA. Natural and sebaceous-loaded fingermarks were exposed to Domestos bleach, Harpic limescale remover (hydrochloric acid-based) and lemon juice. Harpic limescale remover had the most detrimental effect, with only 7.1% of fingermarks (n = 378) exposed being identifiable (defined as sufficient clear ridge detail for identification) after enhancement, followed by bleach with only 10.3% of fingermarks (n = 378) identifiable. Lemon juice had the least detrimental effect on fingermarks, with 40.5% fingermarks (n = 378) identifiable compared to 53.4% for the controls (not exposed to any substance; n = 378). Throughout the study, fewer natural fingermarks were identifiable after exposure to corrosive substances compared to sebaceous fingermarks which was as expected. Overall, this study demonstrated that there is potential to recover latent fingermarks, depending on their composition, following exposure to a household corrosive substance. This area warrants further research to establish best practice to maximize the potential to recover identifiable fingermarks.     

犯罪概念形式与实质的理论建构

犯罪概念的形式与实质,是刑法理论犯罪界说的焦点,并且由此涉及到对于罪刑法定原则的贯彻。在刑法规范的框架内,犯罪的形式界定与实质界定并不是冲突的;大陆法系、英美法系犯罪成立条件的形式也贯穿着实质的判断。犯罪实质与形式的划分,既是立法实际的复写,也是理论分析的必要。行为的犯罪评价可以通过肯定判断与否定判断来具体实现。基于犯罪的“形式与实质双面统一”的理念,犯罪概念与罪刑法定原则具有形式与内容的统一。     

Structure elucidation of dyes that are formed in the colorimetric detection of the improvised explosive urea nitrate

Urea nitrate (uronium nitrate, UN) is a powerful, improvised explosive that can be easily made from urea and nitric acid. It is considered the most frequently used, illegal explosive in the Israeli arena, which is responsible for the loss of more than a hundred lives in terrorist incidents. Urea nitrate is a colorless, crystalline substance that looks very much like sugar. A sensitive color test for UN was developed recently. It is based on the formation of a red dye in the reaction between p-dimethylaminocinnamaldehyde and UN under neutral conditions. A similar reaction with p-dimethylaminobezaldehyde produces a yellow dye. The two dyes have been synthesized, and their structures determined by X-ray crystallography. Both dyes are protonated Schiff bases, prevailing in the crystal in a quinoid form. They are identical to the compounds, which are obtained in the colorimetric detection of urea with the same reagents, under strong acidic conditions, whose structures have been postulated in the literature, but never fully proved experimentally.     

Development of rust stains on the skin due to contact with a gun

In order to study the conditions for the formation of so-called rustmarks on the skin after contact with weapon steel tests to provoke rustmarks were performed on corpses and living bodies. These tests were only successful under the condition of a firm contact with the weapon steel and a certain minimum contact time between the weapon and the skin. The experiments showed that the critical parameters for the appearance of rustmarks are, first, the humidity of the skin and the environment, respectively, as well as the contact time, and second, the state of the weapon surface (greased or ungreased). Both the ambient temperature and the pH value of the skin (alkaline or acid) are irrelevant to the formation of rust. The longest time period until rustmarks appeared was observed on dry skin in contact with a greased weapon, namely 22 hours on a corpse and 170 min on a living subject. When using a greased gun humidity accelerated the formation of rust. An ungreased surface of the weapon also resulted in faster rust formation. The minimum time necessary for the formation of rust determined under the most favourable circumstances was 135 min for a corpse and 27 min for a living person. During the early postmortal interval the rustmark may therefore be another piece in the jigsaw towards determining the time of death on suicides committed with firearms.     

Dermal surface morphology in wound healing. An experimental scanning electron microscope study

The authors observed, with a scanning electron microscope, the dermal surfaces of experimental wounds, following the enzymatic digestion with trypsin of the dermo-epidermal junction. Cut lesions showed an early reconstitution of the basement membrane and progressive convergence of the margins. A peculiar arrangement of the dermal crests was also observed. In wounds with loss of substance, the complete coating by newly formed basement membrane took longer. There was an early deformation of the holes of hair follicles in the undamaged dermis surrounding the lesion, as well as the appearance of creases that moved toward the center. This process was over within a few days; then the lesion became very small and the holes of the hair follicles reappeared. The results suggest a force of traction bound toward the center of the lesion and acting on the surface, the effects of which on the basement membrane are most evident between the eighth and the 15th days.     

犯罪与刑事违法性关系论纲

犯罪可以从形式的犯罪、实质的犯罪、司法评价的犯罪三个侧面来加以阐释。形式的犯罪就是罪刑规范;实质的犯罪是全部具体罪刑规范的共同法律本质。两者都是立法者的意志体现。它们本身都没有刑事违法性,只是刑事违法性的判断标准。只有司法评价的犯罪,才存在刑事违法性判断。我国本无刑事违法性的理论,应当创建。只有创建了科学的可操作性的刑事违法性理论,才能既坚持罪刑法定原则,又贯彻"无危害即无犯罪"原则。刑事违法性是司法者评价生活行为事实在客观上是否违反法秩序的步骤和标准。它是犯罪成立条件之一。我国应当对《刑法》第13条赋予新的理论内涵以完成刑事违法性理论的创建。     

The Effects of Substance Use on Offender Crime Scene Behavior

Abstract:  Substance use has an effect on an individual's propensity to commit acquisitive crime with recent studies showing substance users more likely to leave forensic material at a crime scene. An examination of acquisitive crime solved in Northamptonshire, U.K., during 2006 enabled 70 crime scene behavior characteristics to be analyzed for substance and nonsubstance use offenders. Logistical regression analyses have identified statistically significant crime scene behavior predictors that were found to be either present at or absent from the crime scene when the offender was a substance user. Most significant predictors present were indicative of a lack of preparation by the offender, irrational behavior, and a desire to steal high value, easily disposed of, property. Most significant predictors absent from the crime scene were indicative of more planning, preparation, and execution by the offender. Consideration is given to how this crime scene behavior might be used by police investigators to identify offenders.     

刑事证据制度重点问题实施状况调研报告

2012年新刑诉法增加非法证据排除规则、庭前会议制度、证人出庭作证等条款,这对保障犯罪嫌疑人、被告人、证人等主体权益有着积极意义,但其中也有亟需解决的问题。在非法证据排除程序方面,首先需要明确“非法证据”的范围,促使法院敢于适用排除程序,将其与侦查谋略等区分开来,也需妥善处理重复自白材料和纪检部门取得材料之适用等问题;庭前会议制度中,首先要通过立法来解决其能否处理实质问题,细化该制度的具体流程以便法院的执行;在证人出庭方面,则需要细化强制证人到庭、证人保护等制度以增强其可行性,明确侦查人员出庭的角色与程序,进一步健全鉴定人出庭制度。     

Urban and rural differences in the relationship between substance use and violence

This article examines the relationship between substance use and violence across rural-urban and Appalachian places of residence. The data come from a larger study on the health service use of 637 men who have a history of chronic substance abuse and who were incarcerated in four Kentucky prisons. The findings generally support previous research on substance use and violence but do not support Fischer's (1995) subculture theory of urbanism. Contrary to expectations, the population size of the prisoners' residence was not significantly associated with the prisoners' levels of violent victimization, violence toward others, violence toward intimate partners, or overall violence in the year prior to incarceration. Appalachian residency was also not associated with violence. Recognizing that the effect of substance use on violence perpetrated against others does not vary significantly by urban or rural residence may be helpful for designing violence prevention programs and planning law enforcement efforts.     

Predicting the effect of substance abuse treatment on probationer recidivism

Support for the effectiveness of substance abuse treatment to reduce substance use and recidivism among populations supervised by the criminal justice system continues to grow in substance abuse and criminal justice literature. Recent studies show that a variety of programs including the Breaking the Cycle program and drug courts appear to result in improved outcomes for offenders. In this paper, we examine the effect of non-residential substance abuse treatment on arrest. Our data are for almost 134,000 ‘drug-involved’ individuals sentenced to probation in Florida between July 1995 and June 2000. Nearly 52,000 of these individuals received non-residential substance abuse treatment, while 81,797 did not. Our approach is a methodologically simple one that entails stratifying our data by treatment status, estimating logit and negative binomial models of arrest for each of the two datasets, and then applying each model to both datasets. This approach, which requires that both groups include subjects for whom treatment is appropriate, is analogous to using regression models to predict outcomes for new values of independent variables. For each observation in the dataset, we use the models to predict the expected outcomes for each individual under two scenarios – receiving non-residential treatment and receiving no treatment. Summing over these individual estimates provides an estimate of the total numbers of arrests that would be expected under different levels of population exposure to treatment. Results suggest that non-residential treatment reduced both the expected numbers of individuals who recidivated (i.e., were arrested) and the expected total numbers of arrests in the 12 and 24 months following placement on supervision.**RTI is an independent organization dedicated to conducting innovative, multidisciplinary research that improves the human condition.