The Role of the Lay Assessors in The German Democratic Republic (GDR)

Editor's Note: Dr. Buchholz is a regular contributor to this journal. He is a leading scholar on international law and has published numerous articles and book chapters not only in his own country but also in socialist countries and in the West. Some of his works are being translated into English, i.e., Socialist Criminology (with R. Hartmann, J. Lekschas and G. Stiller, published by D. C. Heath, 1974 edition). His most recent publication appeared in Vol. 9, No. 2, (Winter, 1985) pp. 59–70, entitled Some Aspects of the Development of the Penalty System in the German Democratic Republic. Currently Dr. Buchholz is the Director, Dean, and Professor in the College of Law, Humboldt University, East Berlin. He is a permanent member of the Presidency of the Council for Scientific Investigation of Legal Science at the Academy of Science of the GDR and the International Association of Penal Law. On behalf of the journal staff, we wish to take this opportunity to thank him for his contributions to the fund of knowledge in the field of criminal justice, here and abroad.     

中德(日)犯罪成立体系比较分析

我国刑法界目前正在进行"犯罪构成体系重构或者完善"的讨论。"重构说"强调应以德国及日本的犯罪成立体系为参照,对源自前苏联的我国通说性犯罪构成体系进行全面改造,而"完善说"对通说体系的态度则以调适修补为基调。因而,站在解说中国问题的立场对德日体系之利弊得失作出评析,便尽显必要。     

Population genetics of ACTBP2 (SE33) in Western Saxony (Germany)

In order to apply a useful STR system we performed a population study in Western Saxony (Germany). The allele distribution was investigated in a sample of 431 unrelated adults. In addition, 170 families from routine paternity cases were examined for the presence of meiotic mutations, and two mutations were observed.     

Effect of the breakup context on unwanted pursuit behavior perpetration between former partners

Former partners comprise the most important subgroup of stalkers. However, contextual factors related to the breakup are hardly examined to explain ex-partner pursuit. In a community sample of 194 separated persons, about one-fifth perpetrated at least one unwanted pursuit behavior in the past 2 weeks. Being female, lowly educated, and socially undesirable raised the number of perpetrated behaviors. Beyond these effects, the number of behaviors increased when the cause of the break was attributed to the ex-partner or external factors and when the ex was appraised as the breakup initiator. Breakup reasons, the ex-partner's lack in meeting family obligations and own infidelity, also related to pursuit behaviors albeit inferior to subjective attributions and appraisals of initiation. Finally, participants who felt more anxious or lonely negative showed more behaviors. The results enlighten that the breakup context gains further attention. Clinical treatment might benefit from fostering cognitive reconstructions and breakup adjustment.     

对《刑法修正案(七)》(草案)三个条文的修改建议

在已公布的<刑法修正案(七>(草案)中,应取消现在的修正案(七)草案第二条第2款的内容,将第二条第2款在刑法第185条之一第2款的基础上进行修改.对(草案)第四条,继续沿用现在的方式以非法经营罪论处,用两高解释予以帮助.或者在<草案>第四条中增加列举传销形式.对第6条,将该条条文从刑法第253条之一变为第280条之一,列举式增加主体,增加单位犯罪和行为祥态,进一步明确保护对象,并明确本罪可以由过失构成.     

The Implementation of the Measures of Criminal Responsibility in the Care of Juveniles in the German Democratic Republic (GDR)

The implementation (execution) of punishment forms part of the system of combatting and preventing crime, and has the objective to contribute—by means of a strong influence exerted by the state as well as by society on the lawbreaker—to a positive development of the process of probation and compensation and, consequently, to the prevention of further criminal acts (Art. 2 (2) of the Penal Code). Of particular importance is the consistent implementation of the measures with regard to juveniles who have to experience in this way that the penalty which has been awarded them is actually implemented.     

Gene frequencies of pancreatic amylase (Amy2) in Western Germany (Düsseldorf region)

Amy2 phenotypes were determined by agarose gel electrophoresis on samples from 590 unrelated individuals. The frequencies of the allelic genes were found to be Amy12 0.9525, and Amy22 0.0475.     

STR data for the AmpFlSTR profiler plus loci from Majorcan, Minorcan and Valencian populations (Eastern Spain)

Frequency data of the nine STRs included in the AmpFlSTR profiler plus kit were determined in a sample of 304 unrelated individuals from three Spanish populations: 103 from Majorca, 100 from Minorca, and 101 from Valencia.     

On fingertips of "washerwoman's hands" (author's transl)

An investigation method is proposed to find out quantitatively the beginning and the degree of "washerwoman's hands" at the fingertips. To answer the question, for how long there was contact with a fluid medium, systematic investigations are necessary to measure the width of the "cristae papillares" of several test persons with an onlight-photomicroscope under similar fluid conditions.     

中国司法鉴定“国家队”访谈（下）

解决重大疑难案件的一名特型“国家队员”——访上海市公安司法鉴定中心阳春三月,本刊记者采访了第一批被遴选为国家级司法鉴定机构的上海市公安司法鉴定中心副主任张玉荣主任法医师。记者：张副主任,首先祝贺你们成为我国首批国家级司法鉴定机构。你作为机构的负责人对此有何感想？     

Aortic dissection after ingestion of "ecstasy" (MDMA)

The authors report a case of aortic dissection and cardiac tamponade in a 29-year-old man after ingestion of ecstasy (methylenedioxymethamphetamine, MDMA) at a "rave" party. There was no history of hypertension, myxoid heart disease, or other risk factors for aortic dissection in the deceased, although a minor degree of cystic medial necrosis was noted on histologic examination of the aorta. Autopsy toxicology revealed low residual levels of MDMA in the blood about 48 hours after ingestion of the drug. This case report describes a probable association between MDMA ingestion and aortic dissection in a previously well young adult. The likely mechanisms are discussed, and the difficulties in diagnosing this complication are highlighted.     

我国《行政诉讼法》修正初步设想（下）

(三)拓宽原告资格: “当代立法的趋势是放宽起诉资格的要求,使更多的人能对行政机关提起申诉,扩大公民对行政活动的监督和本身利益的维护。”我国行政诉讼制度的改革导向也应如此。 西方发达国家对原告资格的拓宽,主要是通过拓宽对个人权益的保护范围和创设对公共利益保护渠道两条主要途径进行的。前者大体经历了由“法定权利”标准向“法律上的利益”标准迈进的过程,甚至某些国家发展了“法律值得保护的利益”标准或“事实损害”标     

我国《行政诉讼法》修正初步设想（上）

我国行政诉讼制度始建于1982年《民事诉讼法(试行)》颁行之际,1989年现行《行政诉讼法》的颁布,标志着我国相对完整的行政诉讼制度基本形成。我国行政诉讼制度的构建虽然历史不长,但发展迅速,意义很大。《行政诉讼法》的实施,不仅有效保护了公民、法人或者其他组织的合法权益,而且更为重要的是,其强有力地推动了我国行政法治化的进程。《国家赔偿法》、《行政处罚法》、《行政复议法》、《行政许可法》等规范政府行为的综合性法律的相继出台,和一批体现法治精神的单行法律、法规的制定和修订,《行政诉讼法》的影响可谓功不可没。     

The application of pancuronium bromide (Pavulon) forensic analyses to tissue samples from an "Angel of Death" investigation

The case report of a serial killer who worked at several hospitals as a respiratory therapist is presented. The suspect was initially labeled a benevolent Angel of Death who ended the suffering of elderly patients through mercy killing. However, his subsequently declared motive for homicide was very different from other similar cases in medical settings. The application of new analysis techniques for the detection of pancuronium bromide in a series of aged exhumation tissues gave positive results and led to the resultant conviction of the therapist.