论一国两制法学及其形成和发展

一国两制理论自上世纪80年代初诞生以来,大体经历了从政治构想和外交承诺到宪法制度、从宪法制度到法律制度现实、从法制到法治三个发展阶段。这是认识论“实践—认识—实践”的过程,是由理论物化为制度的过程,是不同意识形态、法制和法治理论和理念、法律传统和技术、法律文化和方法不断碰撞和冲突的互动过程,是理论在实践中不断接受检验并不断充实、丰富发展和展示其顽强的适应力和生命力的过程,也是一个推进中国法制和法学理念发展和创新并直接促成了一国两制法学兴起的过程。一国两制的法治实践也同时证明了,一国两制法学作为一门新兴的独立的法学学科,并作为中国特色法学理论的一个分支,不但是现实的要求,也是理论发展的必然。一国两制给中国法学提出了前所未有的挑战和机遇。“中国法系”理论则可能是中国人21世纪对世界法律文化的贡献。     

宪法权威的生成机制辨析

宪法权威的大小受制于社会发育的情况,只有在市民社会发育良好,并且能同政治国家形成有力制衡的条件下,宪法权威才有可能逐步形成。宪法实施的积极的、主要的、基本的方式是立法机关的立法,在违宪审查机制的作用下,确保立法机关的立法符合宪法精神和原则,保障宪法实施的内在统一;在相关立法不足的情况下,通过宪法司法化,直接援引宪法规范维护宪法主体的宪法权利,乃是宪法实施的一种辅助方式。在宪政秩序不健全的社会,关注各种宪政事件,对于实施宪法,维护宪法权威具有重要意义。     

A comparison of the length and width of static inked two-dimensional bare footprints found on a hard compared to a soft surface

In forensic intelligence-gathering it would be useful to evaluate if there are differences between static inked bare footprints captured on hard surfaces compared to soft surfaces. This was undertaken using samples from 30 undergraduate students. Initially a static footprint was taken for each participant on a hard surface and this was followed by a static footprint on a soft surface. On both occasions, the participants stood on an inkless mat and then on reactive paper, creating a two-dimensional print. The Reel method was used to analyse each footprint and the print was measured to see whether a difference existed between length and width (forefoot and rearfoot width) on a hard surface compared to a soft surface. The conclusion from this study was there is a statistically significant increase in length and width of a static bare footprint on a soft surface as opposed to a hard surface. If a forensic footprint examiner compares static bare footprints found on a soft surface and compares them to a static bare footprint of the same foot taken later, then the increase in both length and width of the footprints on a soft surface should be considered in the evaluation.     

May Mediators Draft Settlement Agreements?

This article surveys the current law in various states as well as the Model Rules of Professional Conduct regarding whether a mediator‐lawyer may draft a settlement agreement at the conclusion of a mediation. It includes a look at the traditional boundaries between a lawyer and a mediator and concludes with a recommendation on how California should approach whether a mediator‐lawyer should be allowed to draft a settlement agreement for parties at the conclusion of a mediation.     

诚信·公平·权利——“民法人”教学新理念的构建

立足于现代高等教育应当培养什么人的问题并结合民法学精品课程建设的实践,需要对“民法人”这一教学理念进行探索和阐释。民法人的素质或品质可以定义为:民法人是讲诚实、守信用的人,民法人是具有平等价值观和公平观念的人,民法人是懂得尊重他人权利的人,民法人是具有社会公德意识的人,民法人是具有义务观和责任感的人,民法人是系统掌握和精通民法知识的人。     

论构建社会主义和谐社会的十大机制

社会主义和谐社会是一个内涵丰富的社会,建构社会主义和谐社会,需要构筑相应地社会机制予以保障。需要构筑构筑党的执政能力的持续提高机制;需要构筑社会诚信保障机制,特别是政府诚信保障机制;需要构筑民主的决策机制;需要构筑建构和谐社会的动员和执行机制;需要构筑民众社会心理的调适机制;需要构筑个体利益诉求和平衡机制;需要构筑公共利益的稳定增长机制;需要构筑公平公正创业和社会保障机制;需要构筑并完善公民权利的法律保障机制;需要构筑多元化的有效舆论监督机制。     

A 'cyanoacrylate case' for developing fingerprints in cars.

A portable case has been developed by which cyanoacrylate (super glue) fuming can be used inside a vehicle suspected of being involved in serious crime. The car itself serves as a fumigation chamber and the cyanoacrylate vapours are fed into the car via a hose. Connected to the hose and suspended inside the car is a vapour diffuser. The cyanoacrylate originates from a portable case where there is a sealed heater and also a command panel with hygrometer and thermometer for a technician to control the process. There is also space inside the case for other necessary equipment.     

Fatalities after injuries by wild animals

The article summarises three fatalities after attacks by wild animals. The first case describes a 90-year-old woman who died as a result of pneumonia after a bear fell on her and caused multiple chest fractures. The second case deals with a 76-year-old woman who was hit in the middle face by the hoof of a camel and, thereafter, died of myocardial infarction. The third case describes a 27-year-old biologist who died from severe blunt trauma after an attack of a wild living elephant. The article gives a summary of typical injury patterns of selected wild animals and outlines potential reasons of death as a result of the injuries.     

Juror decision making for juveniles tried as adults: the effects of defendant age,crime type,and crime outcome

This study examined the influences of the crime type (person or property) and the crime outcome (mild or severe) on mock jurors’ verdict and sentencing decisions for adult defendants and juvenile defendants tried as adults. Jurors read a trial summary depicting a defendant charged with aggravated robbery or second-degree burglary. The crimes had either mild or severe damage inflicted on the person or property, and the defendant's age was presented as 14 or 24. Neither the defendant age nor the crime outcome affected jurors’ verdicts; however, jurors were more likely to convict a defendant charged with a crime against a person. Jurors recommended longer sentences for an adult defendant, a defendant charged with a crime against a person, and a defendant charged with a crime with a severe outcome. The discussion explored these outcomes and the role of bias in jurors’ perceptions of defendants.     

海洋命运共同体思想的内涵和实践路径

海洋命运共同体思想是人类命运共同体思想在海洋领域的细化,反映了国际海洋法的发展趋势和价值目标。它创造性的继承并发展了和而不同思想以及共同体思想,为全球海洋治理提供了新的价值指引。海洋命运共同体是共同体成员基于海洋共识和共同的海洋利益产生认同感和归属感,通过在海洋领域的共同合作形成的联合体,包括海洋政治、安全、经济、文化和生态命运共同体。中国在区域可以通过实施多边海洋行动,构建区域海洋命运共同体,实现区域合作关系的升级。海洋命运共同体是超越民族和国家的海洋观,中国在全球可以通过构建海上丝路命运共同体、提升国际制度性话语权和形成国际海洋法律新制度来践行海洋命运共同体思想。     

论现代新型政府及实现的根本途径

随着国内外形势的发展,构建新型政府已成为我国各级政府的历史性任务。现代新型政府,即现代责任政府,具有民主政府、法治政府、服务政府等特征。构建现代责任政府是我国行政改革的最终目标,而提高执政能力是实现这一目标的根本途径。     

Cardiac concussion: definition, differential diagnosis, and cases presentation and the legal ramification of a misdiagnosis

A cardiac concussion is caused by a sudden, nonpenetrating, localized impact to the chest that is theorized to result in almost simultaneous sudden death from a disruption to the conductive system. The detailed external/internal forensic examination of the body reveals no evidence of structural, pathologic, or histologic signs of trauma to the heart. A cardiac concussion is a rare and often overlooked cause of sudden death. This type of sudden death is typically seen among younger individuals participating in sports involving projectiles and, to a lesser degree, where collisions occur. Cardiac concussions are clinically, pathologically, and chemically different from a cardiac contusion. The objective of this paper will be to define cardiac concussion, differentiate between cardiac concussion and cardiac contusion, and describe the clinical and pathologic features of a 32-year-old white male who died of a cardiac concussion following a collision with a catcher during a softball game. The civil ramification of incorrectly diagnosing the manner of death in cases of death involving a cardiac concussion will also be addressed.     

The design of equipment and thermal routines for annealing glass particles

Equipment for annealing casework sized glass particles is described. Investigations were carried out using a simple muffle furnace, a temperature programmed furnace and a metal sample holder. Because they produced a uniform and reproducible thermal environment, best results were obtained from a combination of the temperature programmed furnace and the metal sample holder. Refractive index changes for window and toughened glass specimens were investigated and a simple, reproducible annealing routine for casework was devised.     

Strikes: strategy and tactics for managers

The threat of a strike is a powerful weapon in the union's arsenal. Management, caught off-guard when a strike hits, can be faced with insurmountable problems regarding maintenance of business operations and may be put in a position of capitulating to labor's demands. To avert these problems and to be able to effectively cope with the impact of a walkout, management must have a plan of action well in advance of the strike. In the following article, the authors provide a detailed strategy for strike preparation and discuss the issues management must address in dealing with a potential strike.     

国人对民决团在英美法庭中的功能的误解

民决团仅仅负责事实审,决定事实问题;法官则负责法律审,决定法律问题。这个认识的错误在于：普通法中没有“事实审”、“法律审”的术语,这是国人杜撰出来的。普通法事实发展出来法律,法律是事实的积累。民决团事实上既决定法律又决定事实。它在美国,具有最高权力,大于总统、国会和最高法庭。另外民决团在美国7个州还决定量刑,在有死刑的州,还决定死刑。事实与法律的区分和混合,有助于法官将复杂问题交给民决团决定并在上诉中捍卫民决团的最高权力;也有助于法官对法律问题下命令、进行违宪性审查。总之,理解民决团的最高权力,是理解普通法的关键。     

Reliability of bloodhounds in criminal investigations

Anecdotal evidence and legend have suggested that bloodhounds are capable of trailing and alerting to a human by his or her individual scent. This same evidence may be presented to a court of law in order to accuse a particular suspect or suspects of a crime. There is little to no scientific evidence confirming the bloodhound's ability to trail and discriminate the scent of different individual humans. Eight bloodhounds (3 novice and 5 veteran), trained in human scent discrimination were used to determine the reliability of evidence, garnered through the use of bloodhounds, in a court of law. These dogs were placed on trails in an environment that simulated real-life scenarios. Results indicate that a veteran bloodhound can trail and correctly identify a person under various conditions. These data suggest that the potential error rate of a veteran bloodhound-handler team is low and can be a useful tool for law enforcement personnel.     

Recovery of a mummified pregnant woman from a 55-gallon drum more than 30 years after her death

The body of a 28-year-old near-term pregnant woman was found in a 55-gallon steel drum in a crawl space under a house more than 30 years after her disappearance and death. At autopsy the body was remarkably well preserved and mummified, as was that of a male fetus. The decedent had 10 scalp lacerations and multiple comminuted depressed skull fractures and had died as a result of blunt force head trauma.     

Radiographic demonstration of esophageal and tracheal fistulas at autopsy using a contrasting medium that vulcanizes at room temperature

Esophageal and tracheal fistulas, which occur in 0.05% of medicolegal autopsies, were demonstrated in three cases by a postmortem radiographic technique using silicone rubber/lead oxide as a contrasting medium that vulcanizes at room temperature. In one 83-year-old male, a tracheoesophageal fistula was detected, which had developed after surgical repair of an esophageal rupture caused by a flexible fiberoptic endoscope. In a second case, carcinoma of the esophagus in a 78-year-old male had eroded the trachea and arcus of the aorta creating a fatal tracheoesophagoaortic fistula. In a third case, 55-year-old female developed a tracheobrachicephalic artery fistula as a result of an infiltrating cystic adenocarcinoma of the trachea, resulting in a fatal hemorrhage into the trachea. The results of this study indicate that diagnostic radiologic methods using a vulcanized contrasting medium are useful in supplementing normal dissection in autopsy cases with suspected fistulas of the esophagus or trachea.     

论体育教师的角色转换

体育教学必须贯彻“健康第一”的指导思想,这就要求教师在教育观念、教育方式、教学行为等方面实现角色的转变,从 管理者转变为组织者,从传授者转变为学习参与者,从控制者转变为合作者,从主导者转变为指导者。要达到这些转变,要求教师要紧 随时代发展,不断自我学习,具备更强的组织、观察能力及更深的专业知识、技巧。