道路交通事故责任归责原则的演进与《道路交通安全法》第76条

20世纪以来尤其是二战以后,汽车成为大众的普通代步工具,交通事故逐渐成为最常见的一种人身伤害事故。各国立法者开始高度注意道路交通事故的民事赔偿问题,逐步建立起过错推定、无过错责任或严格责任的归责原则。《道路交通安全法》第76条确立了一个归责原则体系,对于不同情况下的责任承担适用不同的归责原则。这样的规定最有利于保护受害人,同时也不至于让加害人承担过重的赔偿责任;同时,设立机动车第三者责任险意义重大。     

Application of low copy number STR typing to the identification of aged, degraded skeletal remains

Low copy number (LCN) STR typing was successfully applied to four interesting cases during developmental validation of the approach for degraded skeletal remains. Specific questions were addressed in each case, with the acquisition of STR data largely serving as additional confirmatory or investigatory information in any specific situation, and not necessarily providing the definitive evidence to establish identity. The cases involve missing U.S. service members from World War I, World War II, and the Vietnam War. The variety of these cases, in terms of the questions addressed, the age of the remains, and the type of reference material available for comparison, demonstrates the broad utility of LCN STR typing in the identification of degraded skeletal remains from missing persons.     

日本司法考试制度的基本理念与主要特点

日本现行司法考试制度确立于第二次世界大战后 ,并吸收了二战以前的考试经验。通过统一的司法考试选拔法官、检察官、律师 ,并要求通过司法考试合格人员参加统一的司法培训 ,从而保证了法律职业人员的资质 ,并形成了一个法律解释共同体。     

东京审判与南京大屠杀

南京大屠杀无疑是第二次世界大战日军暴行中最突出的一个事件,它的残酷程度令全世界感到震惊。但时至今日,日本国内仍有人要否认这段历史,认为南京大屠杀纯属"虚构",要求中国撤走抗日战争纪念馆展出的相关照片等。二战后东京国际法庭的审判是对日本战犯罪行的彻底清算。东京国际法庭的审判与二战中的反侵略战争一样,是对邪恶势力的清算。但从某种意义上讲,它是比战争更具有长久意义的清算,因为它动用的不是军队,而是法律;它通过公开的审判,将日本军事主义分子的滔天罪行记录在案,将日寇在南京的暴行永远地钉在历史的耻辱柱上,昭示后代,永志不忘。     

UNWCC Policy on the Prosecution of Torture 1943–1948

This article provides a cursory overview of the development of torture as a war crime and/or a crime against humanity. While torture may at one time have been an accepted method of interrogation and punishment, matters changed in the late nineteenth century and early twentieth century. After presenting the approaches to torture common before World War II, the article focuses on the United Nations War Crimes Commission’s (UNWCC) internal debates on the crime, as well as it’s scrutiny of the national war crimes prosecution programmes of its members. As torture was, however, not at the core of UNWCC’s discussions, the author calls for further comparative research on the legacy of the UNWCC, particularly in the records of national authorities which were responsible for the prosecution of war crimes following World War II.     

World War One Italian and Austrian soldier identification project: DNA results of the first case

We report the results of an attempt to identify the supposed remains of a famous World War I (WWI) Italian soldier who was killed in battle along the Italian front in 1915.Thanks to the availability of offspring from both paternal and maternal lineage Y-STRs and mtDNA were analysed and both showed a clear exclusion scenario: the remains did not belong to the supposed war hero.This is the first effort of identification of the remains of soldiers who perished during World War I within a multidisciplinary project aimed at the retrieval of historical and cultural aspects linked to WWI, and the systematic study of the remains of soldiers and ultimately their identification. This last step involves both Italian and Austrian laboratories.     

Explosive "Roman find"

A case of a 40-year-old hobby archeologist is presented who searched for remains from Roman times. After finding an oblong, cylindrical object, he opened it with a saw to examine it, which triggered an explosion killing the man. The technical investigation of the remains showed that the find was actually a grenade from the 2nd World War. The autopsy findings and the results of the criminological investigation are presented.     

日军遗华化学武器诉讼案及其前景析——兼论日本的战后责任问题

近年来,日军遗华化学武器致人伤亡事件不断发生,从1996年起中国受害者就开始在日本法院提起民间索赔诉讼,但迄今无一最终胜诉.民间赔偿不同于战争赔偿,中国受害者的民间索赔诉讼属日本未尽的战后责任问题,这不仅涉及受害者利益,而且关乎中日关系.2006年4月3日中国民间对日索赔联合会在北京成立,开启了中国民间对日索赔的国内诉讼程序.另一方面,中国政府也应从各方面给受害者的索赔诉讼提供支持,包括尝试国际求偿.但这一问题的解决最终还有赖于日本正确看待其侵略历史,彻底履行战争责任.     

IMF、WB和WTO的比较研究

被誉为世界经济三大支柱的国际货币基金组织、世界银行和关贸总协定 ,自成立以来 ,已走完了半个世纪的风雨历程。它们都对二战后世界经济的复苏和振兴起到了举足轻重的作用。然而 ,关贸总协定及世界贸易组织发展更为迅猛 ,从三大支柱中脱颖而出。展望世界经济发展前景 ,惟有加强三大支柱自身的改革和彼此之间的协调与合作 ,世界经济才能鼎足而立。     

The other prohibition: The cigarette crisis in post-war Germany

After the Second World War Germany experienced a severe shortage of cigarettes and, as a consequence, most of the evils we know from drug prohibitions: black markets, crime and corruption, and desperate addicts. Based on the analysis of newspapers from 1945 to 1949 and on interviews with witnesses, the paper describes this crisis as a peculiar form of prohibition, with economic forces playing the role of legal restraints. In a concluding discussion it shows that policy makers—as far as tobacco is concerned—have learned the lesson from history, shied away from prohibition and turned to attempts at demand reduction, substance control and restrictions of opportunities to use. The success of this policy might well be relevant for drug policy in general.     

The occurrence of Japanese trophy skulls in the United States

The skulls of two Japanese soldiers brought back to the United States following World War II suggest that more may be appearing in forensic science cases. Both cases are cranial vaults without faces or lower jaws. One was a fighter pilot. Both skulls have secondary characteristics of "dry house dust" adhering to the bone and have, to some degree, been painted.     

论航空产品责任主体

航空产品责任主体是航空产品责任诉讼首要解决的问题,该主体的确定直接关系到受害人权益是否充分保护和纠纷是否得以顺利解决。该主体具有天然的国际性,同时其因交织航空运输责任与产品责任具有复杂性和特殊性。航空产品责任主体不仅包括一般商事关系的私法性主体,而且还包括负有检测、适航监管责任的公法性主体。欧美等发达国家和地区立法及司法实践对航空产品责任主体呈现出扩大化解释的趋势,其目的是顺应国际社会保护消费者权益人本化发展的价值取向,我国相关立法完善应关注这一发展趋势。     

Security, Social Control, Democracy and Migration within the 'Constitution' of the EU

Abstract:  Moving from Michel Foucault's criticism, in the mid-1970s, of a 'theory of the State', this paper addresses the relevance—for the current process of making the 'Constitution' of the European Union—of the obsolescence of the state concept and the emergence instead, in the course of the twentieth-century, of an idea of 'social control' as a way to represent conditions for social order within the new mass democratic society. Such conditions, and the theory thereof, first developed in North America, and then increasingly in Europe after World War II and especially since the 1970s. From such a comparative-historical perspective, the paper then tries to shed light on the debate that was ignited by Dieter Grimm on the very possibility of a 'democratic constitutionalisation' of Europe. The connections between language, social control, and a (democratic) European constitution are then discussed, and specific attention is given to the nexus that has been constructed in today's Europe between migration, criminalisation and security, as a sort of test bench of those connections.     

Winning the war but losing the peace: The British House of commons during the Second World War

This article considers competing hypotheses ‐ the marginalisation and the constraining hand theses ‐ about the relationship of the House of Commons to government during the Second World War and the consequences of that relationship for the House of Commons in peacetime. The evidence supports the constraining hand hypothesis, with the situation created by war generating a House of Commons with more influence over the executive than is generally conceded. However, the consequence of that experience was to deter the House of Commons from undertaking significant, and arguably necessary, institutional reform in peacetime.     

武装冲突情况下文化遗产国际法律保护的历史演进

武装冲突情况下文化遗产国际法律保护是文化遗产国际法律保护的重要组成部分。从“拿破仑战争”到“一战”,再到“二战”,文化遗产所遭受的严重毁损和流失客观上导致了武装冲突情况下文化遗产国际法律保护的萌芽、形成与发展。武装冲突情况下文化遗产国际法律保护在历史演进中,以禁止战时掠夺为基本原则,不断完善法律规范、扩大保护范围、加重保护责任、加强保护措施,从而得以迅速发展。     

From Public Interest to Private Rights: Free Speech, Liberal Individualism, and the Making of Modern Tort Law

Drawing on John Witt's 2007 book , Patriots and Cosmopolitans: Hidden Histories of American Law, this essay explores the role of the interwar civil liberties movement in rehabilitating the discourse of rights and privatizing the American welfare state. In the years after World War I, most proponents of free speech were hostile to Lochner- era legalism and preferred to pursue civil liberties through legislative and regulatory measures as a means of advancing the public interest. By the onset of World War II, however, they had instead adopted a court-centered strategy that emphasized individual autonomy. The popular and political resonance of their new state-skeptical vocabulary suggests that post-New Deal liberalism in America was a hybrid of classical and Progressive approaches.     

Forensic DNA Challenges: Replacing Numbers with Names of Fosse Ardeatine’s Victims*

Abstract: The Fosse Ardeatine massacre was a mass execution carried out in Rome on March 24, 1944 by Nazi German occupation troops during the Second World War as a reprisal for a partisan attack conducted on the previous day in central Rome. The 335 civilians were taken to the “Cave Ardeatine” and they were shot. Only 323 corpses out of 335 have been identified. The aim of this work is the genetic and anthropological analysis of the remains exhumed from grave number 329 of Fosse Ardeatine’s Shrine to assess their identity. So far, such remains have been supposed to belong to MM but mitochondrial analysis excluded a biological relationship to two living maternal relatives. Our analysis indicated that remains recovered in grave number 329 do not belong to MM. This result suggests that genetic analysis of the remains should be also applied to the other 12 unknown corpses to elucidate their identity.     

Approaches to Reduce Conflict when Insuring the Environmental Cleanup of Closed Military Bases Intended for Redevelopment

Base Realignment and Closure (“BRAC”) of military bases has occurred in waves over the last few decades. Many of these properties were operational through World War I, World War II, the Korean War, the Vietnam conflict, and into the modern Cold War. As part of the United States military's transfer of these properties to the local municipalities, which includes significant funds to cleanup remaining chemicals of concern, contract terms of the transfer typically require insurance policies that have the intention of mitigating the risk of additional future cleanup costs. As a result, numerous BRAC sites have established contracts with environmental consultants who have provided guaranteed fixed price contracts for cleanup of the site. To mitigate additional future cleanup costs, the environmental contractor is required to purchase a stop loss or cost cap insurance policy for their guaranteed fixed price contract to share the risk that there will be cost overruns in the cleanup of the known pollution. The redeveloper is required to purchase Premises Pollution or Environmental Liability insurance to share the risk that any newly discovered contamination will not result in additional cleanup costs for the redeveloper. This paper will discuss some of the recent lessons learned regarding (1) the terms of the initial cleanup transfer agreement, (2) efforts for project scoping/set-up, and (3) subsequent implementation dynamics of the relationships between the US Military, local municipality, redeveloper, and environmental contractor.     

论战后美对日关系中的绥靖主义

:二战后 ,美国从自己的私利出发对日本实行绥靖主义政策。这一政策推动日本逐步实现其政治大国和军事大国的目标 ,对亚太地区甚至整个国际政治的发展产生了诸多不利影响。而美国推行这一政策的结果与其初衷也可能会背道而驰     

The state of the abortion problem in Western Europe

Trends in induced abortion in Western Europe are reviewed, with a focus on the period after World War II. Consideration is given to ethical questions, the movement toward legalization, and the views of the medical profession.