劳务派遣法律制度评析

<劳动合同法>对劳务派遣作了专门规定,建立了劳务派遣法律制度,使劳务派遣进入了法治轨道.但劳务派遣这种新的用工形式,在我国其法律制度尚待成熟和完善.     

America's response to terrorism: An empirical analysis of federal intervention strategies during the 1980s

Despite considerable interest among criminologists, the literature on terrorism has been largely atheoretical and nonempirical. This paper provides the results of a national study of federal criminal cases that arose from the FBI's Counterterrorism Program during the 1980s. The strategies of federal prosecutors are discussed in relation to Turk's notions of “explicit politicality” and “exceptional vagueness.” Evidence shows that in keeping with historical studies of American political crime, prosecutorial efforts to depict terrorists as common criminals have been the most frequently used and most successful strategy. Prosecutors' efforts to explicitly politicize the terrorists' crimes have been largely unsuccessful and are rarely employed.     

Maintaining legitimacy using external communication strategies: An analysis of police-media relations

Police organizations must strategically control their external environment in order to maintain organizational legitimacy. Exploiting their relationship with the news media is one way to accomplish this goal effectively. Despite the documented importance of crime, justice, and social control as a news topic, there is a limited understanding of the variables driving how police and media evaluate this relationship. This study used data collected from a national sample of police media personnel to fill this gap, and concluded that the police and media valued their interdependent relationship, but for different reasons. Police public information officers recognize the power of the media and attempt to use this power to promote the organization. News personnel are satisfied because the police provide data so they can easily produce crime stories. The implications for understanding how police organizations control their external organization are discussed.     

行政决策权力体制的效率分析

现今世界各国的行政决策多以官僚制权力体制为组织基础,而官僚制追求的专业化、科层制等级设置以及引发的“本位主义”倾向极可能产生效率隐患。就中国现有的决策体制而言,还存在公共决策权属不清、党政决策不分等造成的低效率现象。因此,必须重申政企分开、政事分开、党政分开的权限前提,完善行政决策领导体制,在“功能分离主义”决策体制的基础上改进专业化方针,从多维度考察行政决策权力分合标准,确定决策权力分合的尺度,以实现效率目标。     

An anthropological analysis of gunshot wounds to the chest

This analysis of gunshot trauma to the bony thorax examines 87 handgun and rifle wounds from documented cases in an effort to corroborate an earlier report and to provide the forensic community with additional literature in this area. Specifically, this study tests whether the trauma signatures associated with gunshot wounds in the bony thorax are useful in determining the direction of fire. Because the ribs occupy a significant portion of the bony thorax, they are struck more frequently than other bones and, consequently, they are the focus of this report. This study confirmed that bullets can leave distinctive markers on ribs that indicate the direction of fire, including depressed fractures, bone fragments displaced in the direction of the bullet's path, and beveling. Although forensic anthropologists can determine the direction that a bullet was traveling when it struck a given rib, they cannot give a definitive statement about the number or sequence of gunshots without supporting soft tissue evidence.     

我国商业银行破产法律制度分析

伴随着中国市场经济的发展,金融市场化改革的不断深化和金融市场的日益开放,我国的商业银行确实存在破产的现实可能性,完善我国商业银行破产法律制度有着很强的紧迫性.本文在对商业银行破产的可能性和特殊性进行分析的基础上,深入探讨了我国目前商业银行破产制度存在的缺陷,并尝试性地提出了完善我国商业银行破产法律制度的对策,以期对我国商业银行破产法律制度的构建提供一些帮助.     

An analysis of contributors to the journal of criminal justice

An analysis of the contributors of publications to the Journal of Criminal Justice was undertaken to evaluate if the initial objectives of the editorial board had, in fact, been achieved. Analysis was based upon authorship, academic discipline of author(s), general topic area, source of article, and specific component area of article.     

An economic analysis of the right to a jury trial

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.… 6th Amendment, US Constitution     

Quantitative analysis of glasses used within Australia

An initial 134 glasses have been collected from eleven classifications of glass used within Australia. These include both local and imported glasses. Quantitative elemental analyses of the glasses have been determined using a scanning electron microscope equipped with an energy dispersive X-ray spectrometer. The current program provides for an elemental analysis for Na, Mg, Al, Si, P, S or Pb, Cl, K, Ca, Ba or Ti, V, Cr, Fe, Mn and Zn expressed as oxides, and has a sensitivity down to approximately 0.1%. The data for the six most commonly occurring elements, namely, Na, Mg, Al, Si, K and Ca, together with the refractive index are presented for each class of glass in terms of their mean value and standard deviation from the mean, and also in histogram form.     

An analysis to the foundation of rule of law in Civil Society

Civil Society refers to the civil organizations and activity space existing in society but outside the control scope of a government, and it is a society formed by citizens and the totality of citizen communication. Civil Society has a close connection with the law as the law just derives from regulations of Civil Society and acquires political form through a country. Civil Society is the social cultural foundation of laws and the rational regulation of Civil Society is the foundation on which the legal order is established.     

An evaluation of non-metric cranial traits used to estimate ancestry in a South African sample

Establishing ancestry from a skeleton for forensic purposes has been shown to be difficult. The purpose of this paper is to address the application of thirteen non-metric traits to estimate ancestry in three South African groups, namely White, Black and "Coloured". In doing so, the frequency distribution of thirteen non-metric traits among South Africans are presented; the relationship of these non-metric traits with ancestry, sex, age at death are evaluated; and Kappa statistics are utilized to assess the inter and intra-rater reliability. Crania of 520 known individuals were obtained from four skeletal samples in South Africa: the Pretoria Bone Collection, the Raymond A. Dart Collection, the Kirsten Collection and the Student Bone Collection from the University of the Free State. Average age at death was 51, with an age range between 18 and 90. Thirteen commonly used non-metric traits from the face and jaw were scored; definition and illustrations were taken from Hefner, Bass and Hauser and De Stephano. Frequency distributions, ordinal regression and Cohen's Kappa statistics were performed as a means to assess population variation and repeatability. Frequency distributions were highly variable among South Africans. Twelve of the 13 variables had a statistically significant relationship with ancestry. Sex significantly affected only one variable, inter-orbital breadth, and age at death affected two (anterior nasal spine and alveolar prognathism). The interaction of ancestry and sex independently affected three variables (nasal bone contour, nasal breadth, and interorbital breadth). Seven traits had moderate to excellent repeatability, while poor scoring consistency was noted for six variables. Difficulties in repeating several of the trait scores may require either a need for refinement of the definitions, or these character states may not adequately describe the observable morphology in the population. The application of the traditional experience-based approach for estimating ancestry in forensic case work is problematic.     

高校对学生纪律处分行为的可诉性分析

我国法律对高校对学生的纪律处分行为(为表述方便,以下简称为高校纪律处分行为)是否可诉的问题规定模糊,实践中此类争议也多被排除于司法审查的范围.本文分析了高校的法律地位、高校生纪律处分行为的性质,并对司法审查介入的可行性及深度等方面进行了必要的探讨,以期立法早日将这一问题明晰化.     

The percentage deposit bail system: An alternative to the professional bondsman

Bail bondsmen in the United States help defendants gain pretrial release. The preminums paid to bondsmen are not returned to the defendants. A percentage deposit bail project in two Massachusetts courts allowed defendants to gain their release by depositing 5% of the amount of bail with the court. These deposits were returned in full to the defendants upon completion of their cases, saving them large sums of money. Moreover, the rate at which defendants failed to appear in court as scheduled was no higher under this percentage deposit system than under the traditional bail bondsman system.     

Case study: From embedded system analysis to embedded system based investigator tools

Since mid-2012, France and Germany have had to deal with a new form of payment card skimming. This fraud consists of adding a wireless embedded system into a point-of-sale payment terminal with the fraudulent goal of collecting payment card data and personal identification numbers (PIN).This case study details the strategy adopted to conduct the digital forensic examination of these skimmers. Advanced technologies and analyses were necessary to reveal the skimmed data and provide useful information to investigators for their cross-case analysis.To go further than a typical digital forensic examination, developments based on embedded systems were made to help investigators find compromised payment terminals and identify criminals.Finally, this case study provides possible reactive and proactive new roles for forensic experts in combating payment card fraud.     

Cable ties used as tool in homicide: relevance of the DNA analysis

An investigation of strangulation tools often reveals DNA of the victim. In some cases, DNA of the suspect can also be demonstrated, even in strangulation tools with a smooth surface like cables. The authors report a case of strangulation of two victims with cable ties. In addition, several used and unused cable ties were found at the crime scene. The DNA analysis detected DNA of the victims, but also genomic and mitochondrial DNA of various other persons not knowingly involved in the crime. Experiments with unused cable ties revealed that even a single handling of a cable tie may leave DNA traces. An enquiry of the companies selling cable ties showed that the cable ties are manually handled, so that foreign DNA must always be expected.     

Secondary analysis of the UCR: An index of the risk of death due to robbery

This paper calls attention to a proposed index of risk of death due to robbery, made possible by the FBI's partial disaggregation of its murder statistics. Some of the shortcomings of the index are described, and some possible extensions are mentioned.