铁路行车中人体坠落损伤特点分析

铁路行车坠落伤是在列车运行中，由于某种原因，使机体撞击地面和地面物体所造成的损伤”‘，周铁路上行车伤亡事故较常见的一类。由于人体离开列车的瞬间，受列车惯性运动的作用，使行车坠落伤比一般自由落体形成的坠落伤较为严重和复杂。本文通过对45例行车坠落伤的检验结果分析，讨论铁路行车坠落伤的损伤特点。材料和方法材料：从1992年1月一1997年4月我法医室尸检及活检档案中选出案情明确、有详细检验记录的行车坠落案件45例；其中尸检案件44例，活检案件1例。方洁：将45例检验按损伤部位、形态及坠落高度归类、统计，并制订成相应的…     

Multivariate analysis (`Forensiometrics')—A new tool in forensic medicine: Differentiation between sharp force homicide and suicide

Multivariate projective statistical methods (PCA, PLS-DA) and logistic regression analysis were used to create models to make predictions regarding whether a certain fatality shows similarities to homicide or suicide. The `model set' consisted of 174 deaths due to sharp force injuries that in previous medicolegal investigation had been judged as homicides and 105 as suicides. The models were then validated on a new set of 40 homicides and 27 suicides that had not been used to create the models (test set validation). The model based on the PLS-DA technique had regarding its ability to identify homicides a sensitivity of 40/40=100% and a specificity of 25/27=93%. The model's predictions agreed with previously performed medicolegal investigations except in two suicides which according to the model were likely to be homicides. The reliability of this model was somewhat better than predictions achieved by means of logistic regression analysis, where six otherwise proven homicides were wrongly classified as suicides and two actual suicides were misclassified as homicides. The technique not only identifies variables but also ranks their importance. Ranked according to falling positive correlation (falling `importance' of a finding) to the dependent variable `death caused by homicide', the predictors were: Injuries to clothing, blood alcohol level, presence of defence injuries, injuries due to other type of violence than sharp force, chest stabs with vertical axis of the entrance wound, sharp force injuries to the upper extremity (except wrist and crook of the arm), sharp force injuries to the head and back. Ranked in increasing positive correlation to `death caused by suicide' were the predictors: sharp force injuries to the crook of the arm, venue being the victim's home, presence of farewell letter, victim's age, sharp force injuries to the wrist, known suicidal ideation and presence of tentative injuries.     

Establishing the cause of death in finding a corpse on a flight of stairs

A total of 793 forensic medical conclusions concerning corpses found in vestibules are analyzed. The circumstances of death were unknown in the majority of cases. Causes other than injuries were responsible for the majority (72.4%) of deaths: coronary diseases, hanging, alcohol intoxication, or general hypothermia. Strikes with blunt objects and falling on the staircase or floor rank second among causes of death. Injuries caused by falling from staircase and cases with this cause suspected were responsible for 9.6% deaths. Murders with acute objects and guns were recorded in 6% cases. For facilitating differential diagnosis, a list of signs and injuries occurring as a result of falling from staircase and main causes of death in such injuries, made with consideration for the place where the corpses are found, is offered.     

Unusual circumstances in a fourfold complex suicide

Complex suicides are defined as suicides using more than one method, which may sometimes suggest homicide. We present the case of a 27-year-old man who killed himself by using four different methods. The man was known as a loner and sufferd from bipolar psychosis. An eyewitness saw him afire and falling out of a window on the 4th floor of a hotel. He was wearing a judo dress with the belt wound twice around his neck. He died in a hospital about two hours later. The autopsy showed signs of neck compression typical of (self)-strangulation, several stab and cut wounds in the thoracic and abdominal region from sharp force, extensive first- to third-degree burns caused by the effect of heat, contusions of internal organs, serial rib fractures and several bone fractures of the extremities as signs of blunt force. The CO-Hb value in the blood amounted to 7%; the other toxicological tests were negative. Death was found to be due to exsanguination from a deep stab wound in the abdomen and multiple trauma caused by the fall from a great height in the course of a suicide. Homicide could be excluded due to the circumstances of the case, which demonstrated again that both the medical findings and the investigation results of the police are indispensable for the differentiation between suicide and homicide.     

航空器对地(水)面第三人侵权责任归责原则论

航空器对地(水)面第三人损害的范围除了飞行中的航空器或从飞行中的航空器坠落下的人或物所造成的损害外,还应包括航空器噪音污染引起的损害。该种损害责任的性质属于侵权责任而非契约责任。航空器对地(水)面第三人损害的责任归责选择严格责任原则的理由在于:对人性的尊重和保护;航空损害风险"互惠性"的欠缺;责任保险和责任担保的出现;风险利益标准和正义的考量。     

家庭暴力致骨折损伤机制分析1例(英文)

本文报道了一名37岁女性遭受丈夫殴打,造成下肢受伤。医院诊断为右髌骨和左胫骨骨折,伤者遂接受了切开复位内固定术。由于丈夫否认对其实施家庭暴力,声称其下肢骨折系交通事故坠落伤。警方遂委托对该女性的损伤进行法医学鉴定。经过审阅X线和CT检查资料,结果为伤者右侧髌骨骨折、左胫骨骨折,以及左眶内侧壁骨折。鉴定意见为髌骨的横向骨折系由肌肉的牵拉暴力引起,左胫骨损伤符合直接和间接外力所致,左眶内侧壁骨折在施暴期间形成的可能性较大。本文阐述了运用影像学技术对家庭暴力案件与交通事故损伤进行鉴别,强调了影像学技术在法医临床鉴定中的应用价值。     

Effect of Wind on Horizontal Displacement of Fatal Fall from a Height

The horizontal displacement of the human body resulting from fatal fall from a height is an important variable commonly used to inversely determine the cause or identify other forensic aspects of the fall. When examining the horizontal displacement, the wind effect is generally ignored. This technical note reports analytical modeling of the falling process, utilizing previous measurements of wind force acting on the human body, for determining the functional relationship between the wind speed and the horizontal displacement in the falling process. The result reveals that it does not take extremely rare wind conditions to cause a considerable shift of the human body, highlighting the importance to consider wind as a factor in investigations of fatal falls.     

132例滑动性脑挫伤类型与受力机制、受力部位的探讨

目的研究脑受力后在颅腔内滑动挫伤的类型与受力机制、受力部位的关系。方法按颅骨解剖部位划定受力部位，根据案情确定受力方式后，对132例滑动性脑挫伤的脑标本，经福尔马林固定后作冠状、矢状或连续切面，肉眼、镜下观察。结果滑动性脑挫伤按发生部位不同分3型：脑顶型，65例（49．24％）；脑底型，38例（28．78％）；混合型，29例（21．96％）。脑顶型多见于额顶部的加速性受力，脑底型多见于枕部的减速性受力，混合型多见于顶枕部的减速性受力。结论3种类型与头部的受力机制、受力部位有相应关系。     

意外摔跌致颅脑损伤21例尸体检验分析

通过对21例意外摔跌伤所致颅脑损伤的法医学检验资料进行统计分析,探讨意外摔跌伤的损伤特点、发生原因,以及与高处跌倒、交通事故及打斗中摔跌形成的损伤特点进行比较。结果表明意外摔跌饬有其独特的特点。     

从体制转换到体制协调:TRIPS的矫正之路——以发展中国家的视角

TRIPS作为由发达国家主导、发展中国家被动接受的一种制度安排,体现了发达国家的秩序主张,忽视了发展中国家的正义要求和利益关切,从而给发展中国家带来了负面社会后果。发展中国家一直没有停止过改变TRIPS的努力:首先推动在人权、公共健康、生物多样性等国际体制中制订与TRIPS相左的知识产权规范,然后试图在WTO体制内通过对TRIPS的解释和修订消除TRIPS与其它国际体制知识产权规范之间的冲突。这是一条从体制转换到体制协调的国际知识产权制度变革之路,关乎WTO成员之间利益关系的重新调整,因而势必遭到TRIPS既有秩序的受益者———发达国家的抵制,使其充满着艰难、曲折。对此,包括中国在内的发展中国家必须要有清醒的认识,做好因应准备。     

论侵权责任中不可抗力范围的限定

我国《侵权责任法》第29条规定不可抗力可以作为侵权责任的抗辩事由。对于不可抗力的范围,《侵权责任法》没有给予明确的界定,为了便于对权利人进行救济、维持侵权责任构成要件的明晰性,应当对不可抗力的范围进行明确的界定。可以通过对不可抗力的内涵与判断标准进行界定,来达到限定不可抗力范围的目的,同时应当严格限制不可抗力在严格责任中的适用。     

论建筑物抛掷物、坠落物致害道义补偿责任——兼论建筑物抛掷物、坠落物强制责任保险制度的建立

《侵权责任法》第87条规定的建筑物抛掷物、坠落物致害补偿责任的性质不是侵权责任,也不是公平责任,而是道义补偿责任。该道义补偿责任的适用范围,受到“建筑物”、“抛掷物”或者“坠落物”和“难以确定”三个方面的限制。其责任限制又主要通过抗辩举证、数额确定及责任分担来实现。另外,建议将该道义补偿责任纳入强制责任保险的范畴,并由法定责任主体通过物业费代为征收的方式予以缴纳。     

About the so-called "Geserick sign"

Geserick et al. were the first who reported about fractures of the medial and basal wall of the orbita, originating from blunt occipital trauma leading to consecutive contrecoup lesions of the bulbus/orbita complex. A case history with (survived) occipital craniocerebral trauma and monocle hematoma (48-year-old drunken homeless person, found unconscious in a small street of the redlight quarter) is presented. The question was whether the injuries were caused by falling or inflicted by an assailant.     

大鼠急性脑干损伤致死后脑干组织细胞色素C含量的测定

目的探讨细胞色素C含量测定在脑干损伤死后诊断中的意义。方法采用重物自由落体造成的大鼠急性脑干损伤模型,通过酶联免疫(ELISA)的方法,检测脑干损伤致死大鼠与非脑干损伤致死大鼠脑干组织细胞胞浆细胞色素C含量。结果急性脑干损伤组神经元细胞胞浆细胞色素C的含量(8.276±0.425)较非脑干损伤组(2.002±0.514)为高,其差异具有显著性意义(P<0.05)。结论脑干组织细胞色素C含量测定对急性脑干损伤的死后诊断具有参考价值。     

Thoracic stab wound caused by a grilling scewer with defomration of the tool

Injuries by meat- or barbecue-skewers are rarely relevant as cause of death. Besides accidental injuries they are used as coincidental tools in capital crimes. Skewers are non-typical stabbing tools of pointed-squared structure, which need considerable force to penetrate the skin. The authors report on a 42-year-old man's fatal thorax stab injury, which he sustained during a barbecue and which stretched from the left mamilla into the back right shoulder tissue. Death was caused by exanguination following stabbing through the superior vena cava. At issue was the question what amount of force was necessary to inflict the wound. Based on the deformation of the stabbing tool, as a result of a material-technical expertise, compressive load application in longitudinal direction and a stabbing force of between 120 to 665 N were to be assumed. Furthermore, in addition to the features of a non-typical tool, the autopsy findings allowed to conclude a powerful stabbing.     

检材指纹与样本指纹变化的分析研究

目的 依据数理统计所得出的数据分析检材指纹与样本指纹的变化规律;方法 通过在检材指纹与其相对应的样本指纹上建立直角坐标系,得到各细节特征的坐标参数;再利用数理统计分析两者相对应的各细节特征变化的形成原因及规律;结果 得出捺印时手指作用力方向的变化导致检材指纹与样本指纹细节特征之间产生距离差,手指的扭转变化使两者细节特征产生角度差;结论 两者之间的变化是由于捺印时手指作用力方向不同、大小不同所导致.     

Forensic Application of Analytical Mechanics in Fatal Fall From a Height

Fatal fall from a height initiated with a swinging motion on the sagittal plane of the victim's body is examined. Method of analytical mechanics is adopted to establish the functional relations between the swinging angle of the body and the force needed to sustain the body until release, and the amount of the horizontal displacement that would occur after release. The analysis is applied to support an expert opinion presented in a criminal court in which two accused were convicted of murder for dropping a female victim from a bridge. The results indicate that it is unlikely for the body to locate as recorded by the police investigation report in the case. This study demonstrates that a straightforward mechanical analysis can be utilized to examine uncommon falling scenarios.     

Case report of sudden death after a blow to the back of the neck.

A 13-year-old girl experienced a fall during gym class that caused immediate unresponsiveness and death. The lone witness reported that the decedent lost her balance as she approached a hurdle and fell, striking her head on a crossbar of the hurdle near the ground. Autopsy revealed no external injury. Internal injury that could be demonstrated anatomically was confined to a contusion within the right semicapitis muscle at the base of the skull. In the absence of an anatomic cause of death, possible explanations of the death include a cardiac dysrhythmia, a vasovagal stimulus, and diffuse axonal injury caused by a concussive force to the junction of the medulla and spinal cord. Animal studies have shown that severe concussion can cause death via profound autonomic dysfunction without leaving anatomic evidence of injury, and that the essential component of concussion is an element of rotational injury to the brain. The authors believe that the blow to the neck caused this death by the transmission of a concussive force through the reticular activating system. The prompt work of police in distinguishing the lone witness from several people in the area who thought they knew what had happened was essential for diagnosis. On reaching our conclusions, the authors notified first the family, then the superintendent of the school system, and finally the news media. The authors told each party in turn that they would be contacting the others.     

Death following atypical compression of the neck

The authors present 3 cases of asphyxia caused by atypical compression of the neck by the metal bed bars fitted at the sides of the bed to prevent falling out. These occurred in 3 elderly women living in nursing homes, confined to bed by severe neuropsychiatric disturbances. In all 3 cases, the minor nature of the skin lesions and absence of blood infiltrations in the anatomic structures of the neck had made it difficult to diagnose the cause of death. Inspection of the rest homes, together with the autopsy findings (acute pulmonary emphysema, conjunctival petechiae, and dark, fluid blood), enabled identification of asphyxia as the cause of death and its causal agent as the bed bars.     

昆明市103例高坠死亡案件的坠落高度以及案件性质分析

目的对103例高坠死亡案例进行回顾性分析,研究尸体损伤与坠落高度、坠落高度与水平移行距离、水平移行距离与案件性质之间的关系。方法收集2001~2015年间昆明市公安局所受理的高坠案例共103例,所得数据均经spss17.0进行统计检验。结果颅骨骨折在坠落高度为11米以上时的概率较大,四肢骨折在各高度出现的概率均比较大,肋骨骨折在坠落高度为21米以上时的概率较大,尸体的坠落高度与水平移行距离存在正相关关系。坠落高度在11米以上时自杀多见,水平移行距离在1.1m以上时自杀多见。结论尸体损伤、水平移行距离可作为辅助手段估算坠落高度,水平移行距离可作为判断案件性质的参考数据。