关于新时期社区群众工作方法论创新的思考

做好新时期的社区群众工作,是公安基层基础工作的着力点。但由于受各种主、客因素的影响,各地基层派出所社区民警仍存在着与做好群众工作不相适应的问题。要做好新时期的社区群众工作,方式方法至关重要,因而社区民警必须创新并科学运用社区群众工作方法。同时要在工作实践中坚定群众工作理念,找准自己在社区群众工作中的履职定位,不断提升自身的社区群众工作能力和素质。要加强对社区民警的培训和评聘考核激励,切实健全一套社区群众工作的长效机制。     

论法医学鉴定人出庭作证

本文探讨法庭作证的价值、方法。着重研究了法医学鉴定人的素质与鉴定结论的价值。最后息结指出只有高素质的法医学鉴定人才能承担新世纪的鉴定重任。使法庭作证永远走向成功。     

Making Visible the Invisible Act of Doping

This paper describes the construction of the visual space of surveillance by the global anti-doping apparatus, it is a space inhabited daily by professional cyclists. Two principal mechanisms of this apparatus will be discussed—the Whereabouts System and the Biological Passport; in order to illustrate how this space is constructed and how it visualises the invisible act of doping. These mechanisms act to supervise and govern the professional cyclist and work to classify them as either clean or dirty in terms of the use of prohibited doping substances or methods. Contrary to the analysis of liberal anti-doping scholars such as Hanstad, Loland and Møller this paper argues that Foucault’s Panopticon paradigm is a useful tool for the analysis of this apparatus. The Whereabouts System and Biological Passport are the instruments by which the anti-doping apparatus intensifies the construction of the space of surveillance in professional sport. This space of surveillance not only locates and makes visible the physical location of each individual cyclist, but it also makes visible their internal bodily functions, in this case the composition and the fluctuations of the composition of their blood. In making the cyclist visible the instruments do not allow the cause of doping, or the event of doping to be known or observed. Rather what they do is cast the body in terms of abnormalities of time, place or blood. In the case of an abnormality of the cyclist’s blood, the cause itself cannot be identified with any certainty, all that is made visible is a suggestion, or a probability, that doping may have occurred. The ultimate effects are twofold—an internalisation and continual monitoring of one’s self as well as by the authorities, and a radical change in the nature and the definition of the offence of doping. No longer is it positive evidence of doping that is punishable, but what becomes punishable is an abnormality, in the cyclist’s location, or their body, which suggests a probability that the invisible act of doping may have occurred. In the course of this process accepted manners of proving an offence by the use of scientific evidence and expert commentary are transformed. The Whereabouts System and the Biological Passport open up a new manner in which the invisible can be visualised. Through the discourse and the attendant commentary of the expert a new alliance between doping and the law is constructed. The result is a redistribution of the way in which the law visualises and treats the symptoms (the signifier) and the signified act of doping. The Whereabouts System and Biological Passport are the instruments by which the anti-doping apparatus intensifies the construction of the space of surveillance in professional sport. This space of surveillance not only locates and makes visible the physical location of each individual cyclist, but it also makes visible their internal bodily functions, in this case the composition and the fluctuations of the composition of their blood. In making the cyclist visible the instruments do not allow the cause of doping, or the event of doping to be known or observed. Rather what they do is cast the body in terms of abnormalities of time, place or blood. In the case of an abnormality of the cyclists’s blood, the cause itself cannot be identified with any certainty, all that is made visible is a suggestion, or a probability, that doping may have occurred. The ultimate effects are twofold—an internalisation and continual monitoring of one’s self as well as by the authorities, and a radical change in the nature and the definition of the offence of doping. No longer is it positive evidence of doping that is punishable, but what becomes punishable is an abnormality, in the cyclist’s location, or their body, which suggests a probability that the invisible act of doping may have occurred. In the course of this process accepted manners of proving an offence by the use of scientific evidence and expert commentary are transformed. The Whereabouts System and the Biological Passport open up a new manner in which the invisible can be visualised. Through the discourse and the attendant commentary of the expert a new alliance between doping and the law is constructed. The result is a redistribution of the way in which the law visualises and treats the symptoms (the signifier) and the signified act of doping     

刑事诉讼专家辅助人的倾向性及界限

刑事诉讼专家辅助人的倾向性,指专家辅助人帮助委托方参与刑事诉讼鉴定意见的质证、提出专家意见所体现的一种职业上的偏向。新《刑事诉讼法》及其司法解释并未明确专家辅助人的倾向性,不利于其属性的完整。因此,应当比较外国为平衡专家制度属性所进行的相关制度设计,定位我国刑事诉讼专家辅助人的＂相对二元化倾向性＂及其法律界限、科学界限、道德界限,以及这些界限的制度保障。     

Significance of histochemical parameters of erythrocyte catalase activity for diagnosing mild concussion and contusion of the brain

A total of 227 primary and repeated forensic medical expert conclusions in victims with slight craniocerebral injuries (CCI) are analyzed. Erythrocyte catalase (CTer) activity was analyzed on the basis of the results of computer quantitative morphometry of histochemical analysis of blood smears from 50 victims with slight CCI. CTer activity correlated with the severity of CCI. A new objective method for histochemical diagnosis of slight concussion and contusion of the brain is suggested, which rules out errors in forensic medical expert evaluations in examinations of this category of victims.     

和谐社会：政府从治理到菩治的价值转向

治理在社会科学中的运用为政治发展理论注入了新的血液。政府作为治理主体之一,不断寻求治理方式的变革与优化。而政府从治理转向善治预示着秩序社会向和谐社会的价值增量变迁,政府善治与和谐社会的价值共性决定了两者的契合点在于转变传统政府思维与运作模式,构建政府与公民社会协调发展的互动制衡机制。     

The toxicological challenges in the European research project DRUID

Within the epidemiological studies of the integrated European research project DRUID (Driving Under the Influence of Drugs, alcohol and medicines), 13 laboratories from across Europe will analyse whole blood, oral fluid (OF) or urine from the general driving population and injured drivers. To ensure the comparability of toxicological results from the different studies, the collection of samples, analytical methods, target analytes and analytical cut-offs have been standardized for all laboratories involved.Target analytes were selected based on suspected impairing effects and prevalence. Twenty-three drugs are included in the ‘core list’ for which analysis is mandatory: ethanol, amphetamine, MDMA, MDA, MDEA, methamphetamine, cocaine, benzoylecgonine, THC, THC-COOH, 6-acetylmorphine, diazepam, flunitrazepam, alprazolam, clonazepam, oxazepam, nordiazepam, zolpidem, zopiclone, lorazepam, morphine, codeine and methadone. Additionally, 28 other drugs will be analysed in 1–12 countries.All whole blood samples are collected in glass Vacutainer-type tubes containing sodium fluoride and potassium oxalate. Based on a comparative study of 10 collection devices, it was decided to collect oral fluid using the Statsure™ device. Since only a small sample volume is available (5–10 mL blood and 1 mL oral fluid), all laboratories have to develop methods for simultaneous detection of the target analytes. All laboratories agreed to use either LC–MS–MS or GC–MS in SIM-mode. Proficiency testing for both blood and oral fluid are organized.Analytical cut-offs were established for the core list based on those used in ROSITA-2, SAMHSA cut-off values for oral fluid and recommendations from an expert meeting in Talloires.Because of practical and legal considerations, different sample types are used: whole blood, serum/plasma and oral fluid. Literature on correlation between analyte concentrations in these body fluids is limited, which makes several comparisons of study results difficult: (1) comparison of epidemiological (blood, oral fluid and urine) and experimental studies (serum and plasma) performed in DRUID and (2) comparisons within the epidemiological studies themselves (most countries: oral fluid in road-side survey, blood in hospital studies).A combination of literature findings, new findings from DRUID and semi-quantitative results will likely have to be used to solve these problems.     

The main results of expert activities in the forensic biological departments of the bureau of forensic medical expertise of the Russian Federation for 2009

This paper reports the main results of expert activities in the forensic biological departments of the Bureau of Forensic Medical Expertise of the Russian Federation for 2009. Analysis of expert data is supplemented by the comparison of the efficacy of the methods applied for the purpose of forensic medical studies. The information about the staff composition, material and technical support of the forensic biological departments is presented. A number of drawbacks have been revealed in the work of the forensic biological departments; recommendations are proposed for the improvement of their activities.     

Chemico-toxicological study of fluoxetine

Selected aspects of chemico-toxicological analysis of the tranquillizer drug fluoxetine are described. Optimal conditions for fluoxetin extraction from internal organs and biological fluids (blood, urine) are specified and methods proposed for its detection and quantitation including TLC, UV SPM, and HPLC. The proposed methods were verified using laboratory animals and materials for expert examination.     

Practical use of the molecular-genetic technologies in solving the tasks of forensic medical identification of remains in emergencies with huge human death toll

Previously, we have developed different variants, for the expert use, of information technologies, i.e. of computer automated analytical systems, to ensure an effective analysis of huge bulwarks of molecular-genetic expert findings. The results obtained in the above research significantly advanced the possibilities of expert evaluation related with personality identification under the conditions of a big death toll; they also cleaned the ground for the introduction of such methodological approaches in the practice of investigations of emergency accidents involving huge death tolls. Described within the present case study is a practical experience of forensic medical identification of unrecognized remains in air crashes with huge human death tolls implemented through computer-assisted complex molecular-genetic tests on the basis of indirect DNA identification involving the establishment of blood relationship.     

专家辅助人制度的问题与改革——基于我国侦查实践的研究

新《刑事诉讼法》设立的专家辅助人制度,将其适用范围限定在了庭审阶段。但根据我国目前的司法实践来看,刑事诉讼中的鉴定争议大都集中于初查或侦查阶段,因此部分侦查机关已将该制度应用于侦查阶段的鉴定程序中,并取得了较好的效果。由此看来,仅仅在庭审阶段建立专家辅助人,必然存在较多局限,而侦查阶段的鉴定程序建立专家辅助人制度势必具有必要性与可行性。因此,立法应根据诉讼实践,对目前的专家辅助人制度进行完善,以建立合理可行的侦查阶段专家辅助人制度。     

论我国医疗损害技术鉴定制度构建

《侵权责任法》仍未解决我国医疗鉴定体制的二元化问题。医学会医疗事故技术鉴定和法医医疗损害司法鉴定两种模式各有利弊,法医鉴定模式并不比医学会鉴定模式优越。在专业技术问题的判断上,日本、德国、荷兰、美国的医疗损害鉴定模式都采同行评价的原则。构建我国医疗损害技术鉴定制度应坚持充分利用现有鉴定资源、尽可能融合当前两种鉴定的优点、法律问题与技术问题分离的宏观理念,并坚持公开、救济、辩论、鉴定专家半职业化、鉴定方法科学和法律指导的基本原则。在制度的具体构建上,鉴定名称应选择医疗损害鉴定或医疗损害技术鉴定;新的鉴定机构应在现有医学会医疗事故技术鉴定机构的基础上组建,并要求法医专家参与。调整鉴定专家来源、专家鉴定组和鉴定专家库组成,完善鉴定程序,确定鉴定理论、鉴定方法．明确鉴定原则,扩充医疗：愤害技术鉴定的内容;也可以借鉴日本的鉴定模式,由医学会建立专家库,由法院启动、组织鉴定。     

新刑诉法技术专家质证规则研究

新刑事诉讼法及新近出台相关司法解释中技术专家的出现将会对刑事诉讼中鉴定意见的质证产生很大影响.技术专家对刑事诉讼质证具有很强的必要性.我国刑事诉讼技术专家质证规则包括一般性规则、原理性规则、程序性规则.这些规则应当达到的效果包括司法与社会两个方面.     

Establishing the personal identity of the victims in aviation catastrophes

Algorithm of organization measures and expert investigations is proposed, based on experience gained in expert studies during liquidation of aircraft catastrophes. It permits effective classification, differentiation, and identification of victims and is based on traditional and high technological methods of investigation.     

英美法国家科学证据的历史沿革评述

从18世纪到20世纪,英美法国家有关科学证据的法庭运用,所表明的基本思想是,将科学证据评价的事实问题,通过三种方法转化为法律问题,以此保证法官在科学证据评价中承担更多的审查义务,以减少陪审团在科学证据判断上出错的可能性。这三种法律转化方法分别是,专家资格审查、专家证言的形式审查、专家证言的实质审查。这在20世纪的美国审判中,表现得更为突出。     

英美法国家科学证据的历史沿革评述

从18世纪到20世纪,英美法国家有关科学证据的法庭运用,所表明的基本思想是,将科学证据评价的事实问题,通过三种方法转化为法律问题,以此保证法官在科学证据评价中承担更多的审查义务,以减少陪审团在科学证据判断上出错的可能性。这三种法律转化方法分别是,专家资格审查、专家证言的形式审查、专家证言的实质审查。这在20世纪的美国审判中,表现得更为突出。     

论我国刑事诉讼专家辅助人制度的完善

我国新《刑事诉讼法》首次确立了＂有专门知识的人＂的称谓,暂且将其界定为＂专家辅助人＂,但由于规定得过于简略,对许多问题不够明确,在适用中可能带来诸多困难。因此,有必要借鉴意大利的＂技术顾问＂制度和俄罗斯的＂专家＂制度的有益经验,对我国刑事诉讼中专家辅助人制度予以完善。未来的《刑事诉讼法》应明确专家辅助人的诉讼地位和职责,确立其应享有的权利和承担的义务,并且应当明确专家辅助人意见为法定证据,赋予被追诉人和检察机关在审前阶段聘请专家辅助人的权利。     

An Update on the New Federal Expert Discovery Rule: The Expert's Perspective

In December 2010, Federal Rule of Civil Procedure 26 (FRCP 26) was amended to protect certain communications between a litigating counsel and its experts from discovery. The rule protects communications and draft expert reports and lays out new disclosure requirements for the so-called “treating physician” expert. Attorneys and experts who first read the rule commonly agreed that the rule would make expert discovery more streamlined and cost-effective while preserving an opposing party's right to obtain facts and data that were considered by the expert in formulating its opinion. However, many commentators on the amended FRCP 26 warned practitioners not to fully embrace the literal meaning of the rule until it was field tested by litigating attorneys and the courts had the opportunity to interpret a number of loosely defined terms during the course of resolving federal discovery disputes. Now, almost a year after the rule's first official publication, several courts have interpreted the key terms that appear in the rule and have expressed their interpretations in written opinions. The judicial holdings of these cases cover different aspects of the rule, and it is still too early to determine how the majority of federal courts will ultimately interpret it. However, a review of current case law indicates that the courts have, thus far, taken a practical and literal view of the amended rule and have not expanded or limited its scope beyond what was generally believed to be the intent of the rule. As a result, practitioners are still hopeful that the rule will make working with an expert more efficient and less cumbersome, to the benefit of experts, attorneys, and ultimately their clients.     

Molecular-genetic forensic expert investigations in the Russian Federation: problems and perspectives

Introduction of molecular-genetic technology into forensic-medical expert practice in Russia took place in unfavourable conditions of poor financial support and, consequently, the results appeared unsatisfactory. Organisation and functioning of genetic laboratories must be controlled and provided with an adequate system of training personnel and professional control. Application of molecular-genetic methods in forensic medicine meets the needs of expert practice if it is based on the systemic approach. The system is proposed to be headed by Russian Center for Forensic-Medical Expert Examination. This center is to update and control the activity of all institutions involved in forensic medical expert examination in Russia and conduct monitoring of the studies and training of specialists for the system.     

THE SCIENTIFIC BASIS OF PSYCHOLOGICAL TESTING

The legal standards for admissibility of expert testimony have recently been raised following several U.S. Supreme Court decisins. Although forensic mental health experts have relied on psychological testing as a method of data collection for many years, the scientific basis of such testing has traditionally gone unquestioned in court. Given the increased scrutiny currently being applied to expert testimony, it is more important now than ever for attorneys, judges and forensic experts to understand the scientific principles underlying psychological tests. In this article, the scientific principles of validity and reliability are explained, and scientifically acceptable methods for the forensic use of psychological testing are discussed. The application of recent case law to several well-known tests is described.