视听资料的证据能力及采信规则

视听资料在我国是一种独立的证据种类 ,它对民事案件过程的再现具有其他证据种类无法比拟的特性。但是 ,视听资料本身又包含有易被伪造、篡改的先天不足 ,瑕疵视听资料 (包括非法视听资料 )的证据能力该如何判断 ?视听资料在司法实践中的采信规则该如何把握 ?等问题 ,都是我们要面对且亟待解决的课题。本文主要就视听资料的证据能力及采信规则进行一番探讨 ,以为今后建立视听资料的有关具体制度作一些理论上的准备     

反倾销法中实质性阻碍问题的合理性探析

实质性阻碍是反倾销法损害认定问题中的一个重要概念,它和实质性损害、实质性损害威胁共同构成反倾销法中的损害要件。实质性阻碍在反倾销法中占有越来越重要的地位。在总体上探讨反倾销法律制度经济和非经济的合理性,并分析其在实质性阻碍标准中的应用,同时也将审查特别适用于实质性阻碍的理论依据。     

Value of DNA evidence in detecting crime

DNA material is now collected routinely from crime scenes for a wide range of offences and the timely processing of the DNA is seen as key to its success in investigating and detecting crime. An analysis of DNA material recovered from the volume crime offences of residential burglary, commercial burglary, and theft of motor vehicle in Northamptonshire, U.K., in 2004 has enabled the DNA to be categorized into seven sources. Further analysis using a logistical regression has revealed a number of predictors, other than timeliness, that greatly influence whether the DNA material recovered from a crime scene enables the crime to be detected. The results indicate that a number of these predictors are of statistical significance and may be just as relevant in determining whether DNA successfully detects the crime as the timeliness of the processing of the DNA material. The most significant predictor was found to be investigating officer accreditation with location, quantity, and type of DNA material at the crime scene also being relevant. Accreditation of the Crime Scene Examiner recovering the DNA material was found not to be significant. Consideration is given to where further emphasis is needed by the U.K. police service to maximize the opportunities to detect volume crime with DNA.     

A possible source of reference DNA from archived treated adhesive lifters

During the course of a double murder trial, it became apparent that the two adhesive lifters from the two cadavers had been mislabeled before being presented in court. The question was raised whether DNA testing from the biological material remaining attached to the lifters could resolve this mix-up. In fatal shooting cases where a bullet has been fired through a body surface, an adhesive lifter is applied directly to the entrance wound. The total nitrite residues, as well as biological material surrounding the wound (blood, hair, tissue) are transferred to the adhesive lifter. The nitrite residues are used for estimating firing distance. In a worst-case scenario, the biological material on the lifter may be the only remaining reference material from a victim. In this paper, we examined whether the biological material retrieved from adhesive lifters could be used for DNA typing after the lifters had been treated for GSR pattern. In as much as the biological material found on the lifters can be typed and profiled following physical and chemical treatment, we submit that archived adhesive lifters can be used as a future source of reference DNA from cadavers where no other sample is available.     

大鼠颅骨材料力学和骨质参数的增龄性变化

目的 通过检测大鼠颅骨材料力学和骨质参数,探讨二者关系及其与年龄的相关性.方法 48只健康雄性SD大鼠按年龄分为2、4、6、8、17、26、52和104周龄组,每组6只.利用KDⅡ-0.2型微机控制电子万能试验机压缩右侧颅盖骨检测其材料力学参数(极限载荷、压缩强度、压缩模量),之后分离颅骨骨片进行Micro-CT系统扫...     

Sampling--how big a sample?

It is thought that, in a consignment of discrete units, a certain proportion of the units contain illegal material. A sample of the consignment is to be inspected. Various methods for the determination of the sample size are compared. The consignment will be considered as a random sample from some super-population of units, a certain proportion of which contain drugs. For large consignments, a probability distribution, known as the beta distribution, for the proportion of the consignment which contains illegal material is obtained. This distribution is based on prior beliefs about the proportion. Under certain specific conditions the beta distribution gives the same numerical results as an approach based on the binomial distribution. The binomial distribution provides a probability for the number of units in a sample which contain illegal material, conditional on knowing the proportion of the consignment which contains illegal material. This is in contrast to the beta distribution which provides probabilities for the proportion of a consignment which contains illegal material, conditional on knowing the number of units in the sample which contain illegal material. The interpretation when the beta distribution is used is much more intuitively satisfactory. It is also much more flexible in its ability to cater for prior beliefs which may vary given the different circumstances of different crimes. For small consignments, a distribution, known as the beta-binomial distribution, for the number of units in the consignment which are found to contain illegal material, is obtained, based on prior beliefs about the number of units in the consignment which are thought to contain illegal material. As with the beta and binomial distributions for large samples, it is shown that, in certain specific conditions, the beta-binomial and hypergeometric distributions give the same numerical results. However, the beta-binomial distribution, as with the beta distribution, has a more intuitively satisfactory interpretation and greater flexibility. The beta and the beta-binomial distributions provide methods for the determination of the minimum sample size to be taken from a consignment in order to satisfy a certain criterion. The criterion requires the specification of a proportion and a probability.     

The nature and the occurrence of birefringent material in different organs in fatal drug addiction

Insoluble birefringent tablet filler materials commonly found in tablets used in solution by drug addicts as intravenous injections were investigated microscopically. The following filler materials were investigated: talc, potato- and maize-starch, microcrystalline cellulose, magnesium stearate and siliciumoxid. The morphological characteristics of the different materials are described. Tissue sections (lung, liver, spleen, heart, bone-marrow, kidney, lymph-nodes and endocrine glands) from 33 consecutive fatality cases of intravenous drug addicts autopsied at the University Institute of Forensic Medicine in Copenhagen were studied with special reference to the occurrence and nature of birefringent material. Birefringent material was most often demonstrated in lung tissue (94%), followed by spleen (76%), liver (55%), lymph-nodes (portal: 39%) and bone-marrow (24%). The material was always localized intracellularly. Granulomatous reaction was only seen in the lungs. Except for one case, talc was the only foreign material seen in other organs than the lungs, undoubtedly due to its smaller size. The presence of insoluble foreign material in lung tissue of drug addicts indicates a habit of intravenous administration and the amount of the material indicates whether the addict usually injects tablets or only does so occasionally. The presence of birefringent material in the organs have only rarely any obvious clinical implications.     

Taphonomic Effects of Mechanical Plowing on Buried Juvenile‐Sized Remains

Agricultural activity is a worldwide taphonomic process and can present unique challenges in the recovery of buried remains. Previous research has been mostly within the realm of site formation processes of archeological sites utilizing only surface material. This research expands upon the previous research by incorporating the distribution of subsurface material by the use of archeological excavation techniques. An experiment was conducted utilizing juvenile pig (Sus scrofa) skeletons buried in relative anatomical position at two different depths (15 cm below the surface [cmbs] and 22 cmbs). The burials were then subjected to different intervals of mechanical plowing: one, three, five, seven, or 10 plow passes. The skeletal material was recovered using pedestrian survey followed by hand excavation and screening of all sediments. This research shows that there is a significant relationship between the degree of plowing and the distance skeletal material is distributed and the percentage of material recovered undamaged.     

论刑事物证取证质量的监控机制

物证质量对多数刑事案件的定案起着至关重要的作用,但实践中无论物证的发现、固定环节,还是检验、鉴定、保全环节,均存在出错的空间。物证质量不高的原因存在于观念、规范和操作等多个层面。要提高物证质量,就必须建立取证质量的全程监控机制:在取证前做好制度、人力等方面的准备;在取证过程中完善第三方监控措施,引入对方监控机制,并全程记录取证过程;取证后通过非法证据排除、补充侦查等方面的规则或制度避免有瑕疵的物证被采纳,并为寻找新的替代性证据提供可行途径。     

基于重组质粒制备STR分型阳性参照物

目的基于重组质粒制备可用于校准法医STR分型的阳性参照物。方法以常用阳性参照物9948人类基因组DNA STR分型为依据,基于重组质粒构建包含CSF1PO、D7S820、TH01等40个常染色体位点,DYS391、DYS522、DYS385a/b等22个Y染色体位点以及性别判定基因座Amelogenin的STR分型阳性参照物。将重组质粒定量、稀释后等比例混合,分别应用于DNATyper~?19、DNATyper~?24、DNATyper~?Y、Amp F?STR~?Identifiler~?Plus以及Power Plex~?18D System五种扩增试剂盒。结果阳性参照物中各重组质粒浓度为0.01pg/μL~0.001pg/μL;应用于Amp F?STR~?Identifiler~?Plus PCR扩增试剂盒,基于重组质粒制备的阳性参照物与人类基因组DNA扩增检测结果差异较小;将此阳性参照物分别应用于不同公司、不同STR基因座的四种STR扩增试剂盒,电泳检测图谱显示各基因座基因型完整,分型正确,峰高相当,基因座间均衡性良好。结论基于重组质粒制备STR分型阳性参照物,是一种可以替代细胞系制备阳性参照物的方法,具有一定的参考价值。基于此方法制备的阳性参照物可适用于市面上常用的STR检验试剂盒,普适性较强,对法医DNA分型检测有一定的实用价值。     

挪用特定款物罪的立法缺陷与完善

挪用特定款物罪是一种常见的挪用型财产犯罪,但因立法的疏漏,导致本罪存在犯罪主体不明确、犯罪对象狭窄、刑罚设置不合理、犯罪分类欠妥当等立法缺陷,使得对将专项国有资金挪作他用的行为无法追究刑事责任。为了有效惩治挪用特定款物的犯罪行为,应当从立法上对挪用特定款物罪予以完善,承认单位可以构成本罪的犯罪主体,扩大本罪的犯罪对象,在本罪的法定刑中增设财产刑,将本罪归属于渎职犯罪。     

The Relationship Between Deprivation and Forensic Material Recovered from Stolen Vehicles: Is it Affected by Vehicle Condition and Tidiness?

Previous research has shown that as crime scene location deprivation increases (lower socioeconomic status), the recovery of forensic material, principally DNA and fingerprints, also increases. However, this increase does not result in more crimes being solved by forensic means. In this study, we analyze stolen vehicle data and find a statistically significant positive association between deprivation and the amount of forensic material that matched either the victim or an associate of the victim on a criminal database. The nature of this association was investigated further by inspecting recovered stolen vehicles to establish whether the condition of a stolen vehicle and the tidiness of its interior influenced the recovery of forensic material that was attributed to the victim or an associate. Contradictory results suggest that other factors may contribute to understanding the association between the recovery of victim- or associate-attributable forensic material and crime scene location deprivation.     

重刑考

重刑,作为一种制度和理念,在中国刑法史上长期存在。历史上有许多伟大的思想家、法学家发表过不少的宏篇伟论,对重刑高唱赞歌,力证重刑对治国安邦之不可或缺;肉刑的存废之争,更延续了上千年。重刑的价值取向在全社会有相当普遍的共识,不仅统治者对其情有独钟,一般善良百姓也津津乐道,直至现在,重刑思想在中国仍有深厚的社会、文化基础。     

Asphyxiation by glottic impaction of nasal secretions

An 84-year-old woman died suddenly 20 days after a head injury; a medical witness to the death described laboured breathing consistent with stridor. At postmortem examination, her larynx was found to be occluded by a firm mass of jelly-like material considered initially to be regurgitated food material. The microscopic features of this material were consistent with inspissated mucoid secretions from the nasopharynx. Relationship to cafe coronary and passage of a nasogastric tube are discussed.     

Children at Risk: Legal and Societal Perceptions of the Potential Threat that the Possession of Child Pornography Poses to Society

This article examines legal and social discourses surrounding the phenomenon of child pornography, considering the legal responses to child pornography (particularly when an individual is found to be in possession of such material), and the way in which such material, the child, and the possessor of child pornography are socially constructed.
The article raises the question of whether there has been a moral panic regarding child pornography and the possession of such material, but also considers whether there are real reasons to consider that the possession of child pornography should remain illegal. Research studies which aim to establish the existence of a causal link between possessing child pornography and the act of committing child sexual abuse are examined, as is the argument that criminalizing the possession of child pornography reduces the market for such material. Finally, there is an analysis of the possible impact of social constructions of the child as innocent.     

The Material Constitution

What is the material context of constitutional order? The purpose of this paper is to offer an answer to that question by sketching a theory of the material constitution. Moving beyond the interwar constitutional theories of Heller and Mortati, the paper outlines the four ordering forces of the material constitution: political unity; a set of institutions; social relations, and fundamental political objectives. These forces constitute the substance and dynamic of constitutional ordering, in internal relation with the formal constitution. Because these ordering forces are multiple, and in tension with one another, there is no single determining factor of constitutional development. Neither is order as such guaranteed. The conflict that characterises the modern human condition might but need not be internalised by the process of constitutional ordering. The theory of the material constitution offers an account of the basic elements of this process as well as its internal dynamic.     

Quality management program and misadministrations--Nuclear Regulatory Commission. Final rule

The Nuclear Regulatory Commission (NRC) is amending regulations governing therapeutic administrations of byproduct material and certain uses of radioactive sodium iodide to require implementation of a quality management program to provide high confidence that the byproduct material or radiation from byproduct material will be administered as directed by an authorized user physician. The Commission believes this performance-based amendment will result in enhanced patient safety in a cost-effective manner while allowing the flexibility necessary to minimize intrusion into medical judgments. This amendment also modifies the notification, reporting, and recordkeeping requirements related to the quality management program and misadministrations.     

Analyzing Salvia Divinorum and its Active Ingredient Salvinorin A Utilizing Thin Layer Chromatography and Gas Chromatography/Mass Spectrometry

Abstract:  In recent years, Salvia divinorum has become a major focus by state legislatures throughout the United States looking to prohibit the sale of the psychoactive plant. After researching testing procedures presented in the literature and those employed by crime laboratories throughout the country, it was decided that thin layer chromatography (TLC) and gas chromatography/mass spectrometry (GC/MS) were the methods to use to analyze plant material for salvinorin A. With TLC, salvinorin A was detected from extracted plant material and was easily distinguishable from 13 other Salvia species as well as Cannabis sativa L. (marijuana). When using GC/MS, salvinorin A was best extracted from plant material with chloroform at ambient temperature when using a nonpolar solvent and acetone at ambient temperature when using a polar solvent. By utilizing these techniques, criminalists are now able to confirm the presence of salvinorin A in a submitted plant material suspected to be Salvia divinorum .     

Analyzing conflict severity: Predictions of distributive justice theory for the two-subgroup case

This paper formulates a model of conflict based on the theory of distributive justice. The model begins with a condition we termcleavage: There is a perfect correlation between the distribution of a valued good and a grouping variable such as race, ethnicity, or sex. Cleavage sets the stage for conflict. Two key elements are specified—conflict severity and subgroup effectiveness—and their mathematical representation described. The paper analyzes the special case where the conflict involves two subgroups, and focuses on conflict severity. Analysis identifies several sources of variability in conflict severity: the relative sizes of the two subgroups; whether the advantaged subgroup is the smaller or larger; whether the collectivity values personal attributes (such as noble birth or athletic skill) or instead values material possessions; and the extent and shape of inequality in the distribution of material possessions. Results indicate, among other things, that, in a collectivity which values personal attributes, the smaller is the disadvantaged subgroup, the greater is the conflict severity. In contrast, in a collectivity which values material wealth, the direction of the effect of subgroup relative size on conflict severity depends on the distributional form of the valued material possessions. Results also indicate that, for given subgroup relative size, conflict severity is higher the greater the inequality in the distribution of valued material possessions.