关于行政征收征用的理论探讨

我国法律理论对行政征收征用的研究比较简单和薄弱,本文从行政征收征用的含义、特点、实施内容方面进行深入的法律理论分析和总结,强调行政征收征用的实施前提是符合公众利益、贯彻补偿计算原则的两大内容。     

浅谈行政征收征用补偿制度的立法构想

我国现行的行政征收征用制度有缺失。本文研究、总结了行政征收征用的概念,客观分析行政征收征用与行政补偿的联系,建议完善我国行政征收征用补偿立法内容,构建我国行政征收征用补偿原则。从而实现行政执法的目的,推动法治社会的构建。     

突发事件应对中的行政征用补偿制度研究

突发事件应对中的行政征用补偿制度发生于突发事件的预防、监测、应急处置和恢复重建过程．是突发事件应对中单位和个人财产权克减与保障的集中体现。本文着重分析突发事件应对中的行政征用补偿制度的特征,我国《突发事件应对法》关于行政征用补偿制度的规定及不足,提出应当理顺行政征用与征收的关系,制定统一的行政征用（征收）法,调整征用补偿原则,明确行政征用补偿标准,完善行政征用补偿法律程序,将行政征用补偿纠纷纳入司法审查范围。     

行政征用——我国土地征用制度之我见

土地征用属于行政征用范畴。行政征用应该是指行政主体出于公共利益的需要,依据法律规定,按照严格程序要求,以强制方式取得行政相对人财产所有权或其他物权(包括动产和不动产),并给予公平补偿的一种具体行政行为。我国的行政征用制度(仅限于土地征用),形成于计划经济时期,难以适应目前经济和社会发展的要求。其主要缺陷是:征用对象过于单一;没有等价补偿原则的规定;何为“公共目的”尚无统一界定;征用权的行使主体过于分散。因此,完善我国的行政征用制度,进一步规范土地征用已刻不容缓。     

行政征用中政府与行政相对人之间的利益冲突与调试

行政征用是一个与人们生活息息相关的问题,但是由于政府行政征用权缺乏控制、行政相对人的弱势地位以及行政征用补偿制度的不完善,导致地方政府与行政相对人之间存在着利益冲突,我们应当控制政府的行政征用权,合理界定公共利益,完善行政征用补偿制度来进行调试。     

行政征用中行政相对人权益保护问题的思考

行政征用中行政相对人权益保护的问题,是近年来人们关注的比较多的问题。本文从行政征用制度建立 的理论基础、行政征用制度在保护相对人方面的不足与缺陷之处进行分析,力图使行政征用机关与行政相对人之间形 成一种全新的良性互动关系。     

行政征用制度探析

行政征用制度是指行政主体出于公共利益目的，依据法律之规定，以强制的方式取得行政相对人的财产所有权、使用权或劳务，并给予合理经济补偿的制度。但我国至今尚未有一部对行政征用制度作出统一规定的法律，学术界在这方面研究也较为薄弱。 一、各国行政征用制度概述 行政征用是各国政府所普遍采用的行为，并各自有着不同的行为制度，其称谓和含义也并不一致。法国将其分为公用征收和公用征调。公用征收指行政主体为了公共利益目的，按照法定的形式和事先补偿的原则，以强制方式取得私人不动产的所有权或其他物权的程序。①公用征调指行政…     

行政征用程序研究

按照行为发生时所处的社会事态不同,行政征用行为可分为一般行政征用行为、限时行政征用行为和紧急行政征用行为。不同种类的行政征用行为应适用不同的行政征用程序,笔者以三种行为的不同特征为基础创造性的构建了不同种类行政征用行为所对应的行政征用程序。     

土地征用制度的若干法律思考

一、土地征用的概念 土地征用属于行政征用，行政征用是行政主体因公共利益的需要对公民财产使用权或劳务的强制征用并给予补偿的行为：行政征收是行政主体因公共利益需要强制无偿取得公民财产所有权的行为。关于土地征用的概念，新《土地管理法》和原《土地管理法》对此的定义有所不同，     

当公权触及私权——我国行政征用补偿制度探究

伴随经济转型期的发展,拆迁、征地等众多行政征用补偿纠纷将公权与私权之间的博弈演绎的淋漓尽致,当公权触及私权,如何进行合理的行政征用补偿制度设计以实现公权控制和私权保护之间的价值平衡成为一个亟待解决的课题。本文阐释了行政征用补偿的理论基础,由实证引出我国现行行政征用补偿制度的突出问题,进而提出了行政征用补偿的制度设想。     

Best practices for structuring a family court parenting plan evaluation under the 2022 AFCC Guidelines

Evaluation appointment orders provide enforceable scaffolding for conduct of family court parenting plan evaluations, and use of the evaluator's reports, feedback, file, and testimony. Unlike a contract, a stipulated or adjudicated appointment order is directly enforceable by the family court. It unambiguously positions the evaluator as the family court's appointee – answerable directly to the court and, in some jurisdictions, protected by quasi-judicial immunity from damages claims. A well-crafted appointment order governs the roles and expectations of the court, the evaluator, the parties, the lawyers, and the collateral witnesses. An appointment order mandates the legal duties, rights, powers, and responsibilities of the professionals, the parties, and the collateral witnesses. At minimum, an appointment order articulates the legal basis for the appointment, the purpose and scope of the evaluation, compensation of evaluator, and the duty of the parties to participate in the process. A written evaluation protocol or procedures statement discloses in advance the methods of investigation and assessment that the evaluator intends to use. Together, the appointment order and written protocol help the evaluator, lawyers, parents, and judge manage the complexity of the evaluation process.     

Evaluation of six presumptive tests for blood, their specificity, sensitivity, and effect on high molecular-weight DNA

Luminol, leuchomalachite green, phenolphthalein, Hemastix, Hemident, and Bluestar are all used as presumptive tests for blood. In this study, the tests were subjected to dilute blood (from 1:10,000 to 1:10,000,000), many common household substance, and chemicals. Samples were tested for DNA to determine whether the presumptive tests damaged or destroyed DNA. The DNA loci tested were D2S1338 and D19S433. Leuchomalachite green had a sensitivity of 1:10,000, while the remaining tests were able to detect blood to a dilution of 1:100,000. Substances tested include saliva, semen, potato, tomato, tomato sauce, tomato sauce with meat, red onion, red kidney bean, horseradish, 0.1 M ascorbic acid, 5% bleach, 10% cupric sulfate, 10% ferric sulfate, and 10% nickel chloride. Of all the substances tested, not one of the household items reacted with every test; however, the chemicals did. DNA was recovered and amplified from luminol, phenolphthalein, Hemastix, and Bluestar, but not from leuchomalachite green or Hemident.     

Emotions,reason, and character

Utilizing a contractualist framework for understanding the basis and limits for the use of force by police, this article offers five limiting principles—respect for status as moral agents, proportionality, minimum force necessary, ends likely to be accomplished, and appropriate motivation—and then discusses uses of force that violate or risk violating those principles. These include, but are not limited to, unseemly invasions, strip searches, perp walks, handcuffing practices, post-chase apprehensions, contempt-of-cop arrests, overuse of intermediate force measures, coerced confessions, profiling, stop and frisk practices, and the administration of street justice.     

Animal-related fatalities--part II: characteristic autopsy findings and variable causes of death associated with envenomation, poisoning, anaphylaxis, asphyxiation, and sepsis

In addition to blunt and sharp trauma, animal-related fatalities may result from envenomation, poisoning, anaphylaxis, asphyxiation, and sepsis. Although the majority of envenomation deaths are caused by hornets, bees, and wasps, the mechanism of death is most often anaphylaxis. Envenomation resulting from the injection of a poison or toxin into a victim occurs with snakes, spiders, and scorpions on land. Marine animal envenomation may result from stings and bites from jellyfish, octopus, stonefish, cone fish, stingrays, and sea snakes. At autopsy, the findings may be extremely subtle, and so a history of exposure is required. Poisoning may also occur from ingesting certain fish, with three main forms of neurotoxin poisoning involving ciguatera, tetrodotoxin ingestion, and paralytic shellfish poisoning. Asphyxiation may follow upper airway occlusion or neck/chest compression by animals, and sepsis may follow bites. Autopsy analysis of cases requires extensive toxinological, toxicological, and biochemical analyses of body fluids.     

Capillary electrophoretic analysis of phosphorus species in clandestine methamphetamine laboratory samples

The clandestine manufacture of methamphetamine is a spreading epidemic. Manufacturing methods are constantly changing, necessitating the implementation of new analytical tools to identify materials from these labs. Characterization of phosphate, phosphite, and hypophosphite ions is necessary to distinguish the various phosphorus-iodine manufacturing methods that are popular methods for reducing pseudoephedrine to methamphetamine. This work describes a capillary electrophoresis method to separate acetate, azide, bromide, carbonate, chlorate, chloride, chromate, fluoride, hypophosphite, iodide, nitrate, nitrite, perchlorate, phosphate, phosphite, sulfate, sulfite, and thiocyanate. The CElixerOA 8.2 dynamic coating system was modified by lowering the capillary temperature to 15 degrees C and using an acid flush between runs to remove adsorbed materials. This allows detection of ions down to between 10 and 30 parts per million with percent relative standard deviations of normalized migration times under 0.1%. This method is a valuable tool for the characterization of phosphate, phosphite, and hypophosphite in routine analysis of clandestine methamphetamine manufacturing evidence and has a broader application in other areas of forensic analysis.     

Development of a harmonised method for the profiling of amphetamines V: Determination of the variability of the optimised method

This paper is the fifth in a series of six in relation to the development of a harmonised method for the profiling of amphetamine [L. Aalberg, K. Andersson, C. Bertler, H. Borén, M.D. Cole, J. Dahlén, Y. Finnon, H. Huizer, K. Jalava, E. Kaa, E. Lock, A. Lopes, A. Poortman-van der Meer, E. Sippola, Development of a harmonised method for the profiling of amphetamines I. Synthesis of standards and compilation of analytical data, Forensic Sci. Int. 149 (2005) 219-229; L. Aalberg, K. Andersson, C. Bertler, M.D. Cole, Y. Finnon, H. Huizer, K. Jalava, E. Kaa, E. Lock, A. Lopes, A. Poortman-van der Meer, E. Sippola, J. Dahlén, Development of a harmonised method for the profiling of amphetamines II. Stability of impurities in organic solvents, Forensic Sci. Int. 149 (2005) 231-241]. The third paper [K. Andersson, K. Jalava, E. Lock, L. Aalberg, Y. Finnon, H. Huizer, E. Kaa, A. Lopes, A. Poortman-van der Meer, M.D. Cole, J. Dahlén, E. Sippola, Development of a harmonised method for the profiling of amphetamines III. Development of the gas chromatographic method, Forensic Sci. Int., in press] dealt with the optimisation of the gas chromatographic and detection methods whereas the fourth paper [K. Andersson, K. Jalava, E. Lock, Y. Finnon, S. Stevenson, L. Aalberg, H. Huizer, E. Kaa, A. Lopes, A. Poortman-van der Meer, M.D. Cole, J. Dahlén, E. Sippola, Development of a harmonised method for the profiling of amphetamines IV. Optimisation of sample preparation, Forensic Sci. Int., in press] concerned the optimisation of the extraction method prior to GC analysis. This paper is a study of the optimised method in order to determine its stability. Investigations of within and between day variations were carried out in four laboratories. Moreover, variations between laboratories were also determined. Both flame ionisation detector (FID) and MS detection were used. One laboratory studied nitrogen-phosphorous detector (NPD) detection as well. For this task, 12 batches of amphetamine were prepared. Six of them were synthesised via the Leuckart route, three via the nitrostyrene route and three via the reductive amination route [A.M.A. Verweij, Impurities in illicit drug preparations: amphetamine and methamphetamine, Forensic Sci. Rev. 1 (1989) 2-11]. Taking into account all studied target compounds and the average results from four laboratories, the within day variation was around 6% for FID and 5% for MS, the between days variation was around 10% for FID and 8% for MS. For NPD detection, within day variation was 5% and between days variation 9% (only one laboratory). Finally, the inter-laboratory variation was about 12% for FID (four laboratories) and 10% for MS (three laboratories).     

Microsatellite autosomal genotyping data in four indigenous populations from El Salvador

Fifteen microsatellite loci (D3S1358, TH01, D21S11, D18S51, PENTA E, D5S818, D13S317, D7S820, D16S539, CSF1PO, PENTA D, vWA, D8S1179, TPOX, and FGA) have been genotyped in four indigenous populations from El Salvador (Central America), namely, Conchagua, Izalco, Panchimalco, and San Alejo. Here we have obtained values for several indices of forensic interest for these population samples. Population differentiation test showed no significant statistical differences between these four populations, and an AMOVA test indicates that most of the genetic variation (approximately 100%) occurs within individuals. Population pairwise genetic comparisons with other population samples seem to indicate the existence of a major Native American component in the populations from El Salvador.     

Immigration,intermarriage and the changing face of Europe in the post war period

In this article we compare the propensity to intermarry of various migrant groups and their children who settled in Germany, France, England, Belgium and the Netherlands in the post-war period, using a wide range of available statistical data. We try to explain different intermarriage patterns within the framework of Alba and Nee's assimilation theory and pay special attention to the role of religion, colour and colonial background. We therefore compare colonial with non colonial migrants and within these categories between groups with ‘European’ (Christian) and non-European (Islam, Hinduism) religions. First of all, religion appears to be an important variable. Migrants whose faith has no tradition in Western Europe intermarry at a much lower rate than those whose religious backgrounds correspond with those that are common in the country of settlement. The rate of ethnic endogamous marriages in Western Europe are highest in Hindu and Muslim communities, often regardless if they came as guest workers or colonial migrants. Whereas differences in religion diminish the propensity to intermarry, colour or ‘racial’ differences on the other hand seem to be less important. This is largely explained by the pre-migration socialisation. Furthermore, the paper argues that the attention to institutions, as rightly advocated by Richard Alba and Victor Nee, needs a more refined and layered elaboration. Institutions, often as barriers to intermarriage, do not only emanate from the receiving society, but also—be it less formalized—within migrant communities. Especially religions and family systems, but also organized nationalist feelings, can have a profound influence on how migrants think about endogamy. Finally, strong pressures to assimilate, often through institutionalized forms of discrimination and stigmatization, not only produce isolation and frustrate assimilation (with resulting low intermarriage rates), but can also stimulate assimilation by 'passing' mechanisms. These factors, together with a more comparative perspective, are not completely ignored in the new assimilation theory, but—as this study of Western European intermarriage patterns stresses—deserve to be included more systematically in historical and social scientist analyses.     

The effects of four different solvent vapours on the restoration of obliterated stamp markings from five different wooden surfaces

The stamp markings on wooden surfaces, which are placed on trees and products including antiques, indicate the status of trees and involve identifying data regarding the products. Such markings are obliterated either to facilitate illegal logging or to conceal product information. Despite the wide literature on the restoration of obliterated characters on metal and polymer surfaces, the recovery of defaced characters on wooden surfaces appears to be understudied. Several reference texts in the forensic marks’ examination literature suggest that water, water vapor, and alkaline solutions are useful in restoring the abraded markings on the wood. Since there does not seem to be any experimental study proving such success, this study aimed to fill this gap. This study conducted experimental research by using water, ethanol, ammonia, and chloroform to recover the scraped characters on samples obtained from walnut, beech, spruce, oak, and cedar trees. The cold-stamped characters, which were defaced at varying depths, were restored using vapor and liquid phases of four solvents. While the vapor phases of water, ethanol, and ammonia yielded good outcomes on all types of wooden surfaces, the liquid phases did not seem to be useful in the revisualization process. The response of the vapors, which varied between 62 and 220 s, depended on the type of wood. The restoration technique developed in this research offers the possibility of on-site usage, easy application, utilization of low-cost solvents, rapid recovery, and effectiveness on various wooden surfaces. Overall, the restoration methodology used in this research appears to be fruitful in retrieving identifying information on wooden samples.     

Testing and evaluation of 43 "noncore" Y chromosome markers for forensic casework applications

A developmental validation study was performed on three Y-STR multiplex systems, Multiplex III (MPIII), Multiplex IV (MPIV), and Multiplex V (MPV), to ascertain their potential applicability to forensic casework. MPIII contains eight Y-STRs, including DYS426, DYS435, DYS436, DYS441, DYS442, DYS446, DYS462, and Y-GATA-A10, and one InDel, YAP (DYS287). MPIV contains 21 Y-STR loci, including DYS443, DYS444, DYS445, DYS447, DYS448, DYS449, DYS452, DYS453, DYS454, DYS455, DYS456, DYS458, DYS463, DYS464, DYS468, DYS484, DYS522, DYS527, DYS531 DYS557, and DYS588. MPV contains 13 Y-STR loci, including DYS459, DYS476, DYS488, DYS513, DYS549, DYS561, DYS570, DYS575, DYS576, DYS590, DYS594, DYS598, and DYS607. Full genetic profiles were consistently obtained for all three multiplexes with 25-50 pg of male DNA. No significant amplification was observed with 1 mug of female DNA. Each multiplex permitted the determination of the number of male donors in male:male DNA admixtures. Species specificity studies demonstrated some cross-reactivity with some primate samples. Environmentally compromised blood samples produced full or partial profiles after exposure to various conditions for up to 1 year. Full profiles were recovered from simulated casework specimens including cigarette butts and postcoital cervicovaginal swabs. Population data were collected to determine individual loci gene diversity and multiplex discriminatory capacity.