论“本质错误”——以罗马法为中心

在罗马法中,本质错误与身份错误、行为性质的错误、标的物错误并称为使行为无效的四种实质性错误。本质错误与材料错误相关又不等同于材料错误。本质错误的内涵见于D.18,1,9,2中的"醋为酒卖"案,是在社会经济功能影响下的标的物之内在特性发生错误。本质错误的外延见于"古杯"案及D.18,1,11、D.18,1,14等文本,涵涉了大部分的材料错误和性别错误,并可以作为一种兜底条款适用于那些对诸如艺术品价值、作者发生错误的情形。本质错误在近代演化为法国法的"实质错误"、意大利法的"本质上的错误"、瑞士法的"重大错误"、德国法和我国台湾地区法的"性质错误",在赋予法官自由裁量权的功能上,它们和中国大陆民法的错误制度殊途同归。     

物权法定原则

物权法定原则决定了物权法的基本性质与特征,也严格地限制了当事人在创设新型物权、改变既有物权之内容等方面的意思自由。物权法定原则的内涵是指物权的种类、内容、效力以及公示方法由法律规定,原则上不能由法律之外的规范性文件进行规定,也不能允许当事人自由创设物权的种类以及确定物权的内容、效力和公示方法。作者比较了物权法定模式的表述方式和基本功能,并认为我国物权法中物权法定中的“法”应当被主要限定为法律;司法解释应当具有一定的创设物权的功能;判例不能创设物权。当事人关于物权设定的约定违反物权法定原则的法律后果,应当根据不同的情况来确定。     

Public Beliefs in the Causes of Wealth and Poverty and Legitimization of Inequalities in Russia and Estonia

The article analyzes the attributions of the causes of poverty and wealth in Russia and Estonia in 1991 and 1996 and their determinants. Among the latter are the perceived actual justice of the society, the perceived size of the middle class, and the personal position in the system of inequalities. Despite the economic hardships and a rise in inequalities in both countries, individualistic explanations of wealth and poverty have increased over the 5 years between the surveys. At the same time respondents in both countries demonstrated a growing awareness of the importance of starting positions and connections to achieve wealth. The perceived middle class has a significant effect on attributions of poverty but not on wealth. Russians in Estonia have a particular bias against wealth, whereas non-Russians in Russia are more likely to justify wealth on the basis of individual merit. Explanations of poverty and wealth in Estonia are more rooted in the factors of socialization (age, education, and gender), whereas in Russia they are more rooted in the changes in the family financial circumstances between 1991 and 1996. There was a general increase in support for government intervention in distribution in both countries.     

Hypophyseal damage in persons with cerebrocranial injuries and who died in the hospital

The pituitary was examined in patients with craniocerebral injuries who died in hospital in various periods after treatment. Control group consisted of victims died at the site of accident. The results indicate the significance of examining the pituitary in craniocerebral injuries for the diagnosis of thanatogenesis, particularly in patients died in hospital. Causes of traumatic changes in the organ were determined, highly incident in the practice of forensic medical experts: directly during injury, as a result of skull bone fractures; during development of dislocation syndrome and in disorders of blood and lymph circulation in the brain matter; resultant from augmenting traumatic edema of the brain.     

对物诉讼与我国的船舶扣押法律制度

对物诉讼源于罗马法,却只在英国得到延续,并在其海事诉讼中得到巨大发展.随着英国殖民者将对物诉讼制度带到其殖民属地,移植法律与本地法律互相作用,逐渐发展出英美法系各国目前各具特色的扣船制度,其中最有代表性的莫过于英美两国的对物诉讼制度.我国的扣船制度既坚持了对人诉讼的传统,又大胆吸收了对物诉讼制度的合理内涵,反映了国际船舶扣押立法中对人诉讼与对物诉讼相互融合的良性发展态势.     

Fatal intoxications in the Nordic countries. A forensic toxicological study with special reference to young drug addicts

Fatal intoxications in the 15-34 age group in the five Nordic countries during the years 1984 and 1985 (Sweden only in 1984) were investigated. The known drug addicts were studied separately. The highest incidence of intoxications, calculated per 10(5) population, was found in Finland (11.3), followed by Denmark (10.3), Sweden (8.5), Iceland (7.2) and Norway (6.6). The percentage of intoxications caused by drugs was 92 in Denmark, 71 in Norway, 66 in Sweden, 50 in Finland and 17 in Iceland. Ethanol intoxications were seen 5-7 and 2-3 times as frequently in Finland and in Iceland, respectively, than in the other three countries. Carbon monoxide intoxications accounted for two-thirds of all fatal intoxications in Iceland. Drug addicts accounted for 62% of all fatal intoxications in the Danish material. The corresponding figures were 33% in the Norwegian, 16% in the Swedish and 5% in the Finnish material. No deaths in drug addicts were found in Iceland. Most drug addicts in Denmark, Norway and Sweden died of hard drugs and most in Norway and Sweden, from heroin or morphine, whereas in Denmark other strong analgesics, such as methadone, dextropropoxyphene and ketobemidone, accounted for 40% of all hard-drug-related fatal intoxications. To a certain extent the results reflect differences in the legal autopsy routines in the various Nordic countries. However, the ascertainment of drug addicts is assumed to be near-complete in each country.     

冠心病猝死的病理学研究——附128例尸检分析

本文报道128例冠心病猝死的法医病理学研究结果。其中冠脉病变4级63例,3级26例,2级29例。3级以上病变者斑块分布多较广泛。各支病变中以左前降支最常见。并发新鲜血栓形成者18例,斑块内出血17例,急性心肌梗死仅2例。36例冠脉斑块有炎性细胞浸润。56例见心肌间质纤维化或小灶疤痕形成。指出虽然我国冠心病发病率较低,但仍是猝死最常见的原因,尤以中壮年男性多见;多数病例无明显诱因而于睡眠中猝死。对冠心病猝死发生的特点、冠脉和心肌病变及病理诊断等进行了分析讨论。     

Bleedings into the Anterior Aspect of the Intervertebral Disks in the Lumbar Region of the Spine as a Diagnostic Sign of Hanging

Abstract: Simon’s hemorrhages are ventral intervertebral hemorrhages located beneath the anterior longitudinal ligament that have been described in cases of hanging and tend to appear in the lumbar region of the spine. There are also reports of Simon’s hemorrhages in cases of blunt trauma, asphyxia, drowning, and putrefaction. In a prospective analysis of 2226 autopsies, we found Simon’s hemorrhages in 65 out of 178 cases of hanging and also in 17 cases in a group of 350 controls with various causes of death. The relative frequency of occurrence of Simon’s bleedings in cases of hanging was 37%. Simon’s hemorrhages can be considered an objective vital finding, which is not absolutely specific for hanging. The absence of hemorrhages in intervertebral disks does not exclude death by hanging. This study suggests that Simon’s bleedings in cases of hanging are more frequent in rather young individuals, in cases with free body suspension, and in individuals with minimal degenerative changes in the lumbosacral part of the spinal column.     

论物权请求权的性质——以物权请求权与罗马法诉权之关系变迁为视角

物权请求权发轫于罗马法的诉权,凭借对物之诉和对人之诉存在于罗马法中。在部门法运动和中世纪法学理论的推动下,物权请求权分立于罗马诉权。尽管物权请求权承继罗马诉权的程序功能,且得诉权之行使方可实现,但是物权请求权非因之而附着于诉权,而是独立于诉权,发展为横跨实体权利与诉讼程序之间的桥梁,为物权的顺利实现提供服务和保障。但物权请求权不附属于物权,也非物权的效力所致,它是异于物权的,在物权存续期间,于一物的同一类型的物权请求权因同质的侵害行为会反复出现,但基于物权请求权的相对性和相对人的变化,此时的物权请求权与彼时的物权请求权并非同质,物权请求权是一种相对独立于物权的请求权。正是基于物权请求权的此等属性,物权请求权才可能成为诉讼时效的客体。     

Forensic-medical obstetric-gynecological examinations in cases on professional delinquency of medical personnel

We studied the trend in the number of forensic-medical examinations in trials against obstetricians and gynecologists conducted in Primorsky Region in 1997-2005. Most typical defects in obstetric-gynecological care are characterized. These cases are analysed in terms of forensic-medical practice. Detection and forensic-medical analysis of the above defects contribute to optimization of the diagnosis and treatment both in obstetric-gynecological practice and in wide medical practice.     

Seclusion: The perspective of nurses

Knowledge of how nurses experience the process of secluding a patient can be useful in improving the quality of patient care and in the prevention of work related stress in nurses. This study describes personal experiences of nurses throughout the seclusion process. The emotions which came to surface in semi-structured interviews with 8 nurses were categorized in three main themes (Tension, Trust and Power) and a stress response curve was identified in the seclusion process, with specific feelings in each phase. Feelings denied in former studies such as feeling superior, anger and disgust were found in the interviews in this study.     

Carbon monoxide-related deaths in a metropolitan county in the USA: an 11-year study

Carbon monoxide (CO) poisoning as a cause of death is well documented in industrialized countries. The objective of this study was to compare demographic data in deaths due to accidents (in fires) and suicides in the same population between 1988 and 1998. Furthermore, the potential effect of a community wide education effort regarding safety in the home was assessed. Postmortem reports were reviewed for all deaths examined at the Office of the Cuyahoga County Coroner in Cleveland, OH, USA. During the study period, there were 209 accidental deaths due to fires in the home (6.5% of all accidents in the home) and 182 CO deaths by suicide (9.8% of all suicides). Demographic characteristics of the two groups differed: while males represented the majority of cases in both groups (55% of accidents, 70% suicides), race specific death rates were higher for whites than blacks (18/100,000 white, 3/100,000 black) in suicides compared with 29/100,000 deaths for blacks and 11/100,000 for whites in accidental cases. Fire deaths were prevalent in the young (0-9 years) and old (>60) whereas in the suicide group the age specific death rate was highest for those over 70 years. The majority of fire deaths occurred in the city of Cleveland but suicides were prevalent in the suburbs. More fire deaths occurred in December than any other month whereas more suicides occurred in April. In 1992, there was a community wide effort to provide free smoke detectors to residents in Cleveland. In 1992, there were 4.2/100,000 fire deaths in the city. This decreased to 0.6/100,000 in 1996, increased to 1.2/100,000 in 1997 followed by a decrease to 0.8/100,000 in 1998. This suggested that the program may have aided in decreasing these types of deaths. Deaths due to fires in the suburbs were <1/100,000 throughout the study period.     

法医学论文摘要的写作特点

目的探讨法医学论文摘要特别是英文摘要的写作方法。方法对目前国内医学杂志和法医学杂志的论文摘要进行分析比较和举例说明。结果国内医学杂志采用结构式摘要的写作方法，而国外法医学杂志一般采用叙述式摘要的写作方法。结论英文摘要是国际间信息交流的桥梁，掌握英文摘要的写作方法对于法医学者来说是十分重要的。     

Confidence in the police in Latin America

The study of confidence in the police in Latin America is rare, partially for lack of interest and partially for lack of reliable data. Social, economic, and political instability in those countries also contributes to the problem. Relying on data from the World Values Surveys 1995-1997, the current research proposed a theory of the police in transitional societies and reported the results of analyses of confidence in the police in nine countries of Latin America. The levels of confidence in the police in the nine Latin American nations were compared with that of the U.S. The inclusion of a heterogeneous set of control variables in the multivariate analysis yielded several consistent predictors of confidence in the police. Similar to the findings in the U.S., confidence in the police in Latin America was part of the broader attitude complex. Different from the findings in the U.S., confidence in the police was positively related to one's employment status and religiosity, and negatively to income.     

喀什师范学院,新疆喀什844000

贿选是当前严重危害政治民主的腐败现象。现行法律中将贿选视为破坏选举罪的行为方式之一,然而,贿选的社会危害性远不是破坏选举罪所能涵盖的。贿选与贿赂罪在罪质上具有同一性,在行为方式上具有相似性,为切实发挥法律对贿选的遏止作用,建议单独设置选举贿赂罪,并将其归之于贿赂罪这一类罪名中。     

Diagnosing death by drowning in fresh water using blood strontium as an indicator

The interpretation of the level of strontium (Sr) in blood has been demonstrated to be useful in the diagnosis of death by drowning occurred in sea water, but its use in fresh water drownings is not so evident because of the low Sr concentration present in most of fresh water media. In this paper, we show a survey of the results obtained in the casework analysis of Sr in ventricular blood used in the diagnosis of drowning in 144 bodies found immersed in fresh water over a period of 10 years. Thirty-two percent of the immersion cases examined could be diagnosed as drownings with a reasonable degree of confidence. It is thought that this percentage of positive diagnoses could be largely improved in the case of blood samples taken a few hours after death.     

11例脑皮质挫伤远区及脑干病变的光镜和扫描电镜观察报告

本文报告11例因脑外伤致死的案例。肉眼观察10例有轻重不等的大脑皮质挫伤；10例有蛛网膜下腔出血；3例有脑干出血；1例有视丘下部出血。光镜及扫描电镜下见大脑皮质挫伤10例；其余挫伤，在距大脑皮质挫伤3cm的脑白质6例，视丘下部8例，丘脑、中脑各6例，桥脑5例，延髓4例，侧脑室壁8例及视神经4例。镜下检查挫伤远较肉眼为多。10例神经细胞有不同程度变性、坏死及缺血性病变。9例大脑及脑干轴索、髓鞘有不同程度断裂、变性、排列紊乱、崩解及坏死，其中7例轴索断端查见收缩球。作者对脑外伤死因及法医学鉴定应注意的问题作了简要的讨论。     

Detection of drugs of abuse in simultaneously collected oral fluid, urine and blood from Norwegian drug drivers

Blood and urine samples are collected when the Norwegian police apprehend a person suspected of driving under the influence of drugs other than alcohol. Impairment is judged from the findings in blood. In our routine samples, urine is analysed if morphine is detected in blood to differentiate between ingestion of heroin, morphine or codeine and also in cases where the amount of blood is too low to perform both screening and quantification analysis. In several cases, the collection of urine might be time consuming and challenging. The aim of this study was to investigate if drugs detected in blood were found in oral fluid and if interpretation of opiate findings in oral fluid is as conclusive as in urine. Blood, urine and oral fluid samples were collected from 100 drivers suspected of drugged driving. Oral fluid and blood were screened using LC-MS/MS methods and urine by immunological methods. Positive findings in blood and urine were confirmed with chromatographic methods. The analytical method for oral fluid included 25 of the most commonly abused drugs in Norway and some metabolites. The analysis showed a good correlation between the findings in urine and oral fluid for amphetamines, cocaine/benzoylecgonine, methadone, opiates, zopiclone and benzodiazepines including the 7-amino-benzodiazepines. Cocaine and the heroin marker 6-monoacetylmorphine (6-MAM) were more frequently detected in oral fluid than in urine. Drug concentrations above the cut-off values were found in both samples of oral fluid and urine in 15 of 22 cases positive for morphine, in 18 of 20 cases positive for codeine and in 19 of 26 cases positive for 6-MAM. The use of cannabis was confirmed by detecting THC in oral fluid and THC-COOH in urine. In 34 of 46 cases the use of cannabis was confirmed both in oral fluid and urine. The use of cannabis was confirmed by a positive finding in only urine in 11 cases and in only oral fluid in one case. All the drug groups detected in blood were also found in oral fluid. Since all relevant drugs detected in blood were possible to find in oral fluid and the interpretation of the opiate findings in oral fluid was more conclusive than in urine, oral fluid might replace urine in driving under the influence cases. The fast and easy sampling is time saving and less intrusive for the drivers.     

Use of drugs of abuse in less than 30-year-old drivers killed in a road crash in France: a spectacular increase for cannabis, cocaine and amphetamines

A collaborative study was conducted in France in order to determine the prevalence of cannabinoids, opiates, cocaine metabolites and amphetamines in blood samples from drivers killed in road accidents in 2003 and 2004 and to compare these values with those of a previous study performed during the period 2000-2001 involving 900 drivers. Blood samples were provided from 2003 under 30-year-old drivers, killed in a traffic accident. Drugs of abuse were determined by gas chromatography-mass spectrometry using the same analytical procedures in all the 12 laboratories. The most frequently observed compounds were by far cannabinoids, that tested positive in 39.6% of the total number of samples. Delta9 tetrahydrocannabinol (THC), the most active of the principle constituents in marijuana (cannabis sativa), was detected in the blood of 28.9% drivers and was the single drug of abuse in 80.2% of the positive cases. It was associated with amphetamines in 7.4% and with opiates and cocaine in 1.9 and 4.8%, respectively. Amphetamines were present in 3.1% of the total number of samples, cocaine metabolites in 3.0% and opiates in 3.5%. When comparing these results with those of a previous study performed 3 years before, a significant increase is observed for THC (28.9% versus 16.9%), cocaine metabolites (3.0% versus 0.2%) and amphetamines (3.1% versus 1.4%). This study demonstrates the critical necessity of implementing in France as soon as possible systematical roadside testing for drugs of abuse.