"Wrongful life" a la francaise

A recent decision of the French supreme court has recognised what has been termed in the common law system, a "wrongful life" action. Intentionally provocative, the decision shows how the desire for equitable or "corrective" justice poses a threat not only to established legal principles on civil liability, but also to the ethical framework in which both the medical and legal professions must operate.     

"Overkill" in a case of neonaticide

A 14-year-old girl was found unconscious in a pool of blood by her mother in the family bathroom. A gynecological emergency operation revealed a state after spontaneous delivery. A few days later the corpse of a newborn, smeared with blood, was found by the father of the girl in a laundry basket in the bathroom. The autopsy revealed signs of blunt force against the cranium as well as multiple lesions caused by sharp force in the area of the neck and the thorax. The newborn died of hemorrhagic shock due to severance of the left subclavian artery. The pattern of injuries is presented. In addition, the girl's statement with respect to the course of events is discussed. Finally, this rare manner of committing neonaticide is compared with former reports in the literature.     

Vaginal "fisting" as a cause of death

We describe the death of a young girl that resulted from the insertion of a clenched hand and forearm into her vagina during heterosexual activity. (The male homosexual practice of rectal fist insertion has been described previously.) We believe this death to be the first reported case of a "fisting" death due to vaginal fist insertion during heterosexual activity. This death is reported to alert forensic pathologists, medicolegal death investigators, and coroners aware of the role of aberrant sexual activity and its potential to cause death.     

论“减轻处罚”的幅度

刑法"减轻处罚"制度既可以减轻适用更轻的刑种,也可以适用附加刑。对于"法定刑",要作整体理解,可以在法定最高刑与法定最低刑之间使"法定刑"相对下移,最终实现"减轻处罚"。     

"Natural" death of a person under the care of a custodian

An ambulance service doctor was called to the death of a 76-year-old woman and attested cardiac arrest and psycho-organic brain syndrome as the cause of death on the death certificate. At the second external examination mandatory before cremation, extensive hematomas were detected on the right thorax and multiple haematomas in the face and on the forehead. The autopsy initially ordered by the public health officer revealed serial rib fractures and a fractured skull. After notifying the prosecutor, a forensic autopsy was ordered and death was found to have been caused by fat embolism following massive blunt force to the thorax with serial rib fractures and haematopneumothorax. After that, the adopted son, who had been appointed care custodian for the woman, and his wife were suspected, because they had given contradictory explanations for the injuries. At first, they were only suspected of failure to render assistance, but in the end they were both charged with murder. Only because of the second external examination prescribed by the law still in force could the errors of the improper first external examination be corrected.     

Identification of a red "fiber": chironomid larvae

During preliminary examination of the body of a homicide victim, a peculiar red "fiber" was noticed and recovered. Initially believing this to be a carpet fiber, the item was subjected to fiber analysis. It was found to be a short coiled particle not like any known natural or synthetic fabric fiber. Subsequent examinations determined this "fiber" to be the larva of a common freshwater midge (Diptera; Chironomidae). Chironomid larvae have been observed on other bodies recovered from freshwater environments. Entomological studies of this organism have led to the conclusion that the presence of chironomid larvae indicates submersion of the body.     

实施以中为重 创建和谐社会

“中”是协调、化解两头之间矛盾的重要关节点,以中为重对于维护群众利益、促进社会公平、创建社会主义和谐社会具有十分重要的意义。在我国现阶段,实施以中为重的发展战略,主要表现为促进中部地区崛起、提高中等收入者比重、发展中等教育、应用中间技术等四大方面。     

权利冲突是伪命题吗?--与郝铁川教授商榷

权利冲突不是伪命题。权利边界构造手段失灵,实质合理性与形式合理性存在紧张关系,法律解释的非客观性导致权利冲突的必然性。     

“现代化”指标体系研究的再认识——兼论“提前”、“率先”应当慎提

由可操作化的现代化概念到现代化指标体系的出现,是认识的深化,反映了社会的进步.所谓"英格尔斯现代化指标体系"本不存在,却对我国的现代化研究和现代化实践产生了误导.十六大以后国内关于全面小康和现代化的指标体系研究有了新进展,但从一定意义上讲仍然不够科学、不够完善.联合国千年发展目标则代表了目前指标体系研究领域的国际先进水平,引入这一目标体系,将对我国的现代化指标体系研究和全面小康与现代化建设的实践产生积极影响.     

Demystifying "oxi" cocaine: Chemical profiling analysis of a "new Brazilian drug" from Acre State

Recent information from various sources suggests that a new illicit drug, called "oxi", is being spread across Brazil. It would be used in the smoked form and it would look like to crack cocaine: usually small yellowish or light brown stones. As fully released in the media, "oxi" would differ from crack cocaine in the sense that crack would contain carbonate or bicarbonate salts whereas "oxi" would include the addition of calcium oxide and kerosene (or gasoline). In this context, this work presents a chemical profiling comparative study between "oxi" street samples seized by the Civil Police of the State of Acre (CP/AC) and samples associated with both international and interstate drug trafficking seized by the Brazilian Federal Police in Acre (FP/AC). The outcome of this work assisted Brazilian authorities to stop inaccurate and alarmist releases on this issue. It may be of good use by the forensic community in order to better understand matters in their efforts to guide local law enforcement agencies in case such claims reach the international illicit market.     

从“确认”到“正名”:中国百年宪法的内在逻辑

从历史上看,自从1908年的《钦定宪法大纲》以来,先后颁布的众多中国宪法尽管千姿百态,但是,在这些宪法文本的背后,却包含着一个共同的特征:从确认到正名的内在逻辑线索。对中国百年宪法的内在逻辑而言,确认是起点,正名是终点。从这条内在的逻辑线索出发,有助于全面地解释中国百年宪法一系列的外在特征。     

The tubular "cookie cutter" bullet: a unique projectile

Recently marketed PMC (Pan Metal Corporation) Ultramag tubular hollow point ammunition is uniquely constructed with a two-part projectile composed of a tubular copper bullet and a Teflon wad. A fatal gunshot wound with this ammunition is described. A unique radiographic pattern and the results of test firing are also presented.