不动产为什么要登记——以1949年之后中国土地登记为例的历史考察

1949年以来,中国的土地登记分别经历了建国初期的以推动生产力发展为根本目的到改革开放之后以实施土地管理和确认、保护土地产权为主要目的,再到2002年以来彰显公示物权变动、保护土地物权交易安全的目的。中国未来的土地登记将仍然具有多元目的,其中,确认、保护土地物权和保护土地物权交易安全将会成为两大主要目的。至于土地登记的行政管理目的能否被削弱,要视不动产统一登记机构的设置而定。     

Poetic Justice: Why Sex-Slaves Should be Allowed to Sue Ignorant Clients in Conversion

In this article I argue that clients who purchase commercial sex from forced prostitutes should be strictly liable in tort towards the sex-slaves. Such an approach is both normatively defensible and doctrinally feasible. As I have argued elsewhere, fairness and equality demand that clients compensate sex-slaves even if one refuses to acknowledge that fault is involved in purchasing sex from a prostitute who might be forced. In this article I argue that such strict liability could be grounded in the tort of conversion, and not only (as argued elsewhere) in battery. Since the quintessential experience of sex-slaves is that of being treated as chattels, the appropriate legal response is to allow them to benefit from the strict liability imposed on those who interfere with an owner’s dominion over his property. Accordingly, sex-slaves should be viewed as both subjects and objects. As subjects they can sue clients for the violation of their sexual autonomy manifested by their treatment as objects. This approach is both advantageous to sex-slaves, in the sense it affords them protection that might not otherwise exist, and fair, since the ultimate response to the objectification of sex-slaves by clients should be to afford the former a proprietary-based claim against the latter. I further explain why my approach is not problematic on conceptual grounds, anti-commodification sentiments or feminist concerns with the symbolic message of my solution: that the law treats women as property.     

The public health implications of United Kingdom offender healthcare policy: a holistic approach to achieve individual and societal gains

In 2009, two seminal documents were published by the United Kingdom (UK) government concerning healthcare services for offenders. The Bradley review into diversion for people with mental health problems and learning disabilities emphasised a need to improve offender health, not least because of the high economic costs to society as a whole resulting from unresolved mental illness, physical ill-health and substance abuse problems commonly experienced by offenders. The Bradley review made wide-reaching recommendations for change, requiring strong partnership between health and justice agencies at both central government and local levels. A framework for the delivery of Bradley's recommendations has been set out in Improving health, supporting justice, the Department of Health's offender health strategy which sets out the direction of travel for the next 10 years.This paper discusses the reality of working toward improving health services for this marginalised group in the context of the influence of the current straitened financial climate on the allocation of resources to publically funded healthcare in the UK; it examines the historically based, and widely held, belief in the principle of “less eligibility” within our society, whereby there is much public and media resistance to allocating resources to improving care for offenders when other, more “deserving”, groups are perceived to be in continuing need.     

Homicide-suicide - an event hard to prevent and separate from homicide or suicide

Suicide preceded by homicide is a rare but tragic event that often shocks the whole community. Annual rates show considerable variation, though not as great as the incidence of homicides. Within the industrialized nations, Finland's prevalence rates for homicide-suicide have been mid-range. The National Suicide Prevention Project recorded and carefully analysed all suicides committed in Finland during a 12-month period. In this material of almost 1400 suicides, 10 verified homicide-suicide cases were found. The perpetrator was male in all but one case, and all the victims were family, 9/10 being spouses and/or children. The most typical homicide-suicide seemed to be a man shooting a family member during a separation process. No perpetrator was found suffering from a psychotic disorder but three had major depression. The homicide-suicides were compared with the suicides and statistically significant differences emerged in two variables: shooting was more often the method used in the homicide-suicide cases, which, furthermore, were more likely to involve a divorce or recent rupture in another long-term intimate relationship. Sharing few common variables with either homicide or suicide, homicide-suicide appears to be a distinct phenomenon whose prevention would seem to be extremely difficult on the individual level. Since shooting is the most common method of homicide-suicide, firearm licenses should be more restricted.     

Determining an optimum percentage of defendants to release before trial: Applying inventory modeling concepts to legal policy problems

Some aspects of determining what proportion of defendants to release before trial are discussed using cost and other data obtained from judges, prosecutors, defense attorneys, and bail project directors in twenty-three cities. Various holding costs, releasing costs, and percentages of defendants held are used. Smooth curves are fitted to the data points to determine at what percentage of defendants held the total cost curve bottoms out. The effects of varying the costs and the cities, the causal implications of why the optimum percentage differs substantially from the actual percentage, and the policy implications of using the analysis in pretrial release policy and in reducing the total costs are shown. Ways in which the model can be expanded to obtain insights into the optimum level of various kinds of due process and law enforcement are also indicated.     

Implantation of an RFID-tag into human molars to reduce hard forensic identification labor. Part 2: physical properties

Modifying and implanting existing RFID-tags into extracted human molars was described previously [P. Thevissen, G. Poelman, B. Puers, M. De Cooman, G. Willems, Implantation of RFID-tag into human molars to reduce hard forensic identification labor. Part 1. Working principle, Forensic Sci. Int. 156 (2006)]. Maximal vertical occlusal load during which the implanted RFID-tags remain active was evaluated in vitro. The temperature dependency of the implanted RFID-tags was studied on the extracted teeth to find out the maximal obtainable temperature before failure and a test with embedded thermistors to verify temperature distributions. The maximal working temperature of the implanted RFID-tags was revealed and gave indications for the set-up of measuring intra oral and intra tooth temperature during the cremation of a human body. Fatigue was induced on the implanted teeth by thermocycling. The results of this investigation showed the need of putting an extra insulating layer around the modified tags before implantation. The different in vitro tests indicated that the implanted RFID-tags can support certain oral and forensic circumstances.