充当学科带头人：意涵与要件

一个学科带头人，意味着他是一个统领、用贤、掌权和服务。衡量一个学科带头人的标准绝不仅仅是学术水平。在充当学科带头人的必要条件中，比个人学术水平更重要的，其实是与学术事宜有关的管理能力与人格品质。学科带头人是一项需要用心去做的工作，需要有一种境界。     

行政诉讼当事人资格及其转移

行政诉讼的中心内容是解决关于行政职权的行使是否合法的争议,审查对象的特殊性决定了其当事人资格的特定性.本文就行政诉讼当事人的资格,以及在特殊情况下所发生的当事人资格转移等问题作一初步探讨.     

The sexual harassment and exploitation in employment as a manifestation of discrimination in a workplace

＂Sexual harassment＂ is a key-word used for determining the most different behaviours. In the past Polish legal system there were no terms of harassment, sexual harassment or mobbing, but nowadays those terms have legal definitions in Polish law. The sexual harassment at the work according to the Polish Labour Code is defined as not-accepted behaviour about sexual character or referring to the sex of an employee, of which infringing an employee＇s dignity or humiliating her or him is a purpose or an effect of it. The sexual harassment is a form of harassment. The sexual harassment can be classified not only as a violation of labour laws but also as a prohibited act within the meaning of criminal law or civil law delict. The Sexual harassment can be a single behavior or can also occur as a sequence of behavior. This must be the unacceptable behaviour by a particular victim （not by reference to a standard employee, and generally prevailing standards）. The lack of consent must be expressed in some way on the outside by verbal opposition or demonstrated that opposition in other ways, such as pushing back the perpetrator. Behavior of the offender must be deliberate and intentional and the effect as that does not necessarily has to occur because it is enough to just act intentional. The sexual harassment can include physical, verbal or non-verbal elements. A sequence of behaviour （several activities） which accomplish characteristics of sexual harassment and in addition realize the condition of permanence and durability can also fulfill the characteristics of mobbing.     

Co-Evolution of a University Department and a Dance Company: Creation of Value of Art in a Community

In Korea, arts and culture in the provinces are at a disadvantage in many aspects. We examine the difficulties of being a provincial dance organization. We analyze the strategies to overcome these difficulties and the resulting process of the co-evolution of a department of dance at a provincial university and its offshoot dance company. In their endeavor for survival, these dance organizations seek to be a part of the community with community dance programs that induce the participation of residents. The resulting values created in the community of the Western District of Daejeon City and the success factors of these organizations are also analyzed. Some implications of the co-evolutionary process to other provincial dance organizations are discussed.     

论"政策性修宪"与"制度性修宪"

"政策性修宪"与"制度性修宪"是关于宪法修改的两种基本模式,与社会制度和意识形态无关;"政策性修宪"与"制度性修宪"各有利弊,要实证分析;"政策性修宪"与"制度性修宪"的分野在于法律价值观的不同;我国应建立"制度性修宪"为主导、"政策性修宪"为补充的修宪体制.     

美国言论自由的限度

明显而即刻的危险原则曾经是美国宪法上判定言论自由是否应受保护的主导原则.但是,随着该原则在一战和二战时期被滥用,导致所谓"反民主的"思想和言论受到压制,最终导致该原则本身的式微.本文从美国最高法院应用该原则的历史中,探讨其两大思想基础:"思想的自由市场理论"和"民主社会的底线理论",进而对基于内容对言论进行限制的必要性及适当性进行批评和反思.     

Wind-drag estimation in a traffic accident involving a motor scooter and a tractor-trailer

This case report describes a noncontact traffic accident involving a motor scooter and a tractor-trailer with a focus on the wind-drag effect. We used load cells to measure the drag force acting on a substantially similar motor scooter when a substantially similar tractor-trailer passes by it, taking into consideration various speeds of the tractor-trailer and distances between the two vehicles. A three-dimensional steady-state flow analysis was also performed by using the CFX program for computational fluid dynamics to examine the streamlines and the pressure distribution around the tractor-trailer at various speeds. From the experiment, for a separation distance of 1.0 m (3.28 ft) and a speed of 90 km/h (55.9 mph), the maximum resultant drag force is 124.5 N (28 lb); this constitutes a degree of force that could abruptly disrupt the stability in maneuvering by an operator who is unaware of the approaching tractor-trailer. In addition, a single equation that relates the tractor-trailer speed to the drag force that acts on the motor scooter was derived on the basis of the Reynolds number (Re) and the wind-drag coefficient (C(d)): C(d) = 1.298 × 10(-7) Re.     

百年中国立法的革命背景:一个重述与反思

中国近百年来的立法实践多与革命相伴,具有同质化的特点,带有明显的实用理性色彩,并且富有鲜明的政治诉求。中国百年的立法就是在"革命式变法"和"变法式革命"的往复中前行。基于当前对立法民主化和科学化的政治认同,中国革命式立法迎来了即将走出革命背景的历史机遇。     

The case of a corpse found in a fox's den--forensic and criminological aspects

Whenever foul play is suspected in a death, the forensic pathologist is required to examine the corpse where it is found. In the case described here, the unusual location of the corpse initially led investigators to suspect a crime was involved. A thorough examination of the site and the autopsy results ultimately pointed to a not-violent manner of death, although the advanced state of decomposition made it impossible to determine the exact cause of death. The fact that the victim crawled into a fox's den to die can be interpreted as a primitive reaction in a case of death due to hypothermia. Criminological aspects of the case are also discussed.     

Abuse and neglect: a ten-year review of mortality and morbidity in our elders in a large metropolitan area

Elder abuse and neglect refers to an act or omission resulting in harm, including death, or threatened harm to the health or welfare of an elderly person. Between one and two million elderly Americans experience some form of mistreatment annually. A ten-year (1992-2001) retrospective case review of morbidity and mortality among elders (age > 60 years) was conducted at a State Medical Examiner's Office serving a major metropolitan region in Kentucky and Indiana. This study addresses cases of two categories: 1) medicolegal autopsies and 2) examinations of living subjects pursuant to a Clinical Forensic Medicine Program. The authors present 74 postmortem cases, in which 52 deaths were attributed to a homicidal act and 22 deaths were suspicious for neglect. Of the 22 living victims of elder abuse and neglect, 19 cases constituted physical and/or sexual assault and three individuals suffered from neglect. This study summarizes the characteristic features of elder abuse in both postmortem and living cases and underscores the necessity for multi-agency collaboration in order to reach an accurate conclusion in case work. Policies established by a well-established elder abuse task force promote the collaborative interaction necessary to formulate criteria for prevention of abuse and death within this vulnerable population.     

Unusual association of three rare alleles and a mismatch in a case of paternity testing

This study reports a paternity case analyzed by the AmpFlSTR Identifiler Kit (AB) in which father and daughter shared three rare alleles for D19S433, D18S51 and TH01 microsatellites. The case also showed an apparent exclusion, due to a mutation at the D3S 1358 microsatellite. Sequencing analysis was performed to assess the size of the rare alleles and to establish their structure, which revealed some molecular variations in regions flanking the motif repeats.     

交通事故致肝脏、大肠嵌入大腿1例

20 0 1年 7月 10日 6时 15分 ,西铜一级汽车专用公路发生一起特大交通事故 ,一中巴车乘客柳某 (男 ,30岁 )当场死亡。尸检 :尸长 16 7ｃｍ ,营养、发育正常 ,体态中等。头部无外伤 ,睑结膜有点状出血点 ,下颌处有 3ｃｍ× 2ｃｍ挫裂创 ,下颌骨骨折 ,胸部塌陷 ,多根肋骨多发性骨折 ,左、右锁骨骨折 ,颈部右侧有 14ｃｍ× 8ｃｍ擦伤 ,左肩部有 7ｃｍ× 5ｃｍ擦伤 ,胸部有 6处排列整齐、间隔均匀、大小一样 (8ｃｍ× 1ｃｍ)擦挫伤 ,右上腹有 10ｃｍ× 1ｃｍ擦挫伤 ,右髂前皮肤有 1ｃｍ× 4ｃｍ表皮裂伤 ,骨盆骨折 ,会阴部有 10ｃｍ× 13ｃｍ挫…     

Comparison of patterns of decomposition in a hanging carcass and a carcass in contact with soil in a xerophytic habitat on the Island of Oahu, Hawaii

Decomposition studies were conducted to determine differences in rates and patterns of decomposition of carcasses hanging and exposed on the surface of the soil. These studies were conducted between 17 October and 17 December 1997 inside of Diamond Head Crater on the island of Oahu, Hawaii. The animal model was the domestic pig. Sus scrofa. The rate of biomass removal from the hanging carcass was significantly slower than that observed for the control carcass during the bloat and decay stages of decomposition. Internal temperatures for the control carcass were elevated above the ambient air temperatures during the earlier stages of decomposition (bloated and decay), while those recorded for the hanging carcass approximated the ambient air temperatures. There was a greater diversity of arthropod species recorded and numbers of individuals observed were higher for the control carcass. A significant site of arthropod activity was observed on the surface of the soil immediately under the hanging carcass and this became the primary site of arthropod activity as decomposition progressed.     

家庭的民事主体地位

家庭是一种独立的社会组织,为了自身的生存和履行其社会职能,家庭在客观上具有作为民事主体的必要性,事实上也已经是民事法律行为的实施者。家庭具有独立的意志和财产,在法理上具备作为民事主体的一般条件,现行的国内外法律也在一定程度上承认了家庭的民事主体地位。     

Mitigation Evidence and the Ethical Role of a Defense Attorney in a Capital Case

In 1972, the U.S. Supreme Court decided Furman v. Georgia. This landmark case changed the death penalty in the United States. In Gregg v. Georgia (1976), the Supreme Court made it clear that mitigating factors were to be heard before sentencing to ensure individualized sentencing. Every defendant has a story, a family, a childhood, trauma, and celebration—a reason their life should be spared from execution. In a capital case, a defense attorney’s ethical role is to craft that story and articulate it in a way that enables the jury to have a complete picture of the defendant’s background and character as they decide his punishment. Mitigating factors are not an excuse for the defendant’s behavior, but rather an insight into who the defendant is and what has shaped his life. A defense attorney’s ethical duty in a capital case is to argue the case on all legal points and to present a thorough investigation of mitigating evidence. A thorough investigation of all such evidence is required by case law and explained by the standards set forth by the ABA guidelines.     

Bloodstain pattern analysis in a case of suicide with a compound bow and arrow

The incidence of human fatalities due to arrow injuries in the medical literature is rare. We report an incident involving a 46-year-old man who was found in his secured apartment with a fatal arrow wound of his chest and abdomen. The initial scene investigation suggested that the victim impaled himself with an arrow attached to a razor-sharp, 4-bladed broad-head hunting tip before collapsing on the floor. However, analysis of the bloodstain patterns suggested that the victim used the compound bow to propel the arrow.When investigating deaths due to bows and arrows, thorough scene investigation along with bloodstain pattern analysis is essential in determining the mechanism of injury and manner of death.     

Pellagra: a rare disease observed in a victim of mental and physical abuse

Lesions of the brain stem and cerebellum due to nutritional deficiencies are mostly seen in chronic alcohol abuse and more rarely in severe malnutrition. We report the case of a 27-year-old woman, found dead in the family flat. She presented cachexia (167 cm, 25 kg) and multiple hematomas of the limbs. Postmortem examination revealed lesions due to peritonitis. Neuropathological examination showed severe atrophy of the corpus callosum and central neuronal chromatolysis, which are observed in pellagra. Inflammatory colitis or celiac disease was not found. Toxicological analysis was negative, in particular no alcohol absorption. Pellagra, which is due to nicotinamide deficiency, is a disease rarely seen in this country. In this case, nutritional deficiency was the consequence of failure to eat in a context of abuse. The woman was born of an incestuous relationship and presented intellectual retardation due to poor affective relations with her mother.     

交通事故致肝脏、大肠嵌入大腿1例

2001年7月10日6时15分,西铜一级汽车专用公路发生一起特大交通事故,一中巴车乘客柳某 (男,30岁)当场死亡.尸检:尸长167 cm,营养、发育正常,体态中等.头部无外伤,睑结膜有点状出血点,下颌处有3 cm × 2 cm挫裂创,下颌骨骨折,胸部塌陷,多根肋骨多发性骨折,左、右锁骨骨折 ,颈部右侧有14 cm × 8 cm擦伤,左肩部有7 cm × 5 cm擦伤,胸部有6处排列整齐、间隔均匀、大小一样(8 cm × 1 cm)擦挫伤,右上腹有10 cm × 1 cm擦挫伤,右髂前皮肤有1 cm × 4 cm表皮裂伤,骨盆骨折,会阴部有10 cm × 13 cm挫裂创,深达盆腔,有肝脏组织外溢,双大腿明显肿胀,挤压右大腿,从会阴部创口处有肝组织溢出;挤压左大腿,从会阴部创口处有大肠及其系膜溢出,背部大面积剥皮创.因家属原因,未作解剖.