我国职务犯罪司法预防之探析

我国职务犯罪司法预防的主要问题在于：罪刑平等原则没有得到全面贯彻;“以罚代刑”现象一定程度上存在;没有严格执行法律面前人人平等原则;注重功利目的实现而忽视执法的严肃性;审判的及时性、公开性未能得到很好的贯彻;司法业务指导工作仍需加强。为有效地惩治职务犯罪,应坚决贯彻罪刑平等原则;坚持法律面前人人平等原则,正确执行惩处与宽大相结合的政策;加强司法解释、司法指导工作。     

少年司法的边界在哪里？——探讨构建中国少年司法制度的方向选择

随着社会的变迁,我国家庭和社区对于未成年人的教育和控制功能日益弱化,而同时,我国的司法制度对罪错少年的干预是滞后的,导致社会上出现了一批屡次违法和轻微犯罪的顽劣少年,公安机关对他们无可奈何,只能是“养肥了再打”。对此,很多人建议将我国的少年司法管辖范围扩大,干预前置。但是笔者通过对典型国家和地区的少年司法制度的横向比较、通过对中国现行司法制度所反映出的本土文化和理念的分析,对中国未来的少年司法制度的改革方面持不同建议。笔者认为我国所要构建的少年司法制度应当是尊重和传承我国传统司法理念,同时吸纳国际进步思想的制度。     

The international politics of air disasters: lessons for aviation disaster governance from Asia, 2014–2015

Abstract

Through a qualitative analysis of three air disasters from Asia in recent years—MH370, MH17 and QZ8501—this article investigates the puzzle of how aviation disasters open up a sovereign state’s domestic governance and foreign policy to international questioning within an anarchic international system. This enquiry thereby highlights the gaps in the global governance of aviation, particularly in the areas of safety and recovery in the wake of aviation disasters. Three linked literatures demonstrate this dynamic. First, aligned with the ‘emotional turn’ in international relations, we show that the portrayal of air disasters and grieving next of kin in global media highlights the politics of grief and trauma. Second, aviation disasters surface the politics of disaster diplomacy in the guise of ‘security competition by proxy’ in the recovery process. Third, we emphasize that these shortfalls in domestic governance and international cooperation demonstrated by the attention-grabbing spectacle of aviation disasters consequently underscore important knowledge, norms and compliance gaps in global aviation governance. Aviation disasters and their aftermath thus shine an international spotlight on the state’s domestic governance and foreign policies in these three manners.     

Asian Contributions on Democratic Dignity and Responsibility: Rizal,Sukarno and Lee on Guided Democracy

Democracy as political doctrine has its fair share of controversies over the adjudication of rights and the prioritization of the individual over the community. These debates have largely derived from its western genesis. The current stage of global development has however supplied many non-western perspectives on democracy which suggest that any consensus over an identifiable body of democratic thought is likely to witness more sub-diversity than ever before. This article argues that contemporary Asian thinkers on the philosophy of government have a valuable contribution to make to democratic discourse notwithstanding the clichés of the Asian Values debate of the 1990s. By performing a sampled reading of José Rizal, Sukarno and Lee Kuan Yew on their diverse interpretations of guided democracy in a nationalistic context, it will be shown that these three modern Southeast Asian political thinkers would offer some tentative Asian insights on the democracy of dignity and of responsibility.

文化与国家形象、国际影响力

一个国家在国际上的形象和影响力,是这个国家综合实力在国际竞争中的外在反映.一个国家的综合实力,既包括经济、军事和科技等硬碰硬的物质力量,同时也包括意识形态、思想文化等软对软的精神力量.党的十六大报告中有一个判断:"当今世界,文化与经济和政治相互交融,在综合国力竞争中的地位和作用越来越突出."在当前我国对外交往的实践中,我们也能切身感受到:随着我国经济实力不断壮大和与国际社会联系的日益紧密,我国国际形象和影响力的塑造,越来越需要文化的力量来支撑.     

Validation of the Investigator 24plex QS Kit: a 6-dye multiplex PCR assay for forensic application in the Chinese Han population

The Investigator 24plex QS Kit (QIAGEN, Hilden, Germany) is a 6-dye fluorescent chemistry short tandem repeat (STR) polymerase chain reaction (PCR) amplification system that simultaneously amplifies 20 of the expanded Combined DNA Index System (CODIS) core STR loci, SE33, DYS391, and the standard sex-determining locus, amelogenin, as well as two special internal performance quality sensor controls (QS1 and QS2), which are included in the primer mix to check the PCR performance. This study was designed to be a pilot evaluation of this STR-PCR kit in a Chinese Han population regarding the PCR conditions, sensitivity, precision, accuracy, repeatability, reproducibility, and concordance; tolerance to PCR inhibitors; applicability to real “forensic-type” samples; species specificity; mixture, balance and stutter analyses, and utility in a population investigation. The exhaustive validation studies demonstrated that the Investigator 24plex QS system is accurate, sensitive and robust for STR genotyping. In addition, these genetic markers in the population data in our study indicated that they can also be useful for forensic identification and paternity testing in the Chinese Han population.     

Eristalinus arvorum (Fabricius, 1787) (Diptera: Syrphidae) in Human Skull: A New Fly Species of Forensic Importance

A body of an unknown adult female was found within a shallow burial ground in Malaysia whereas the skull was exposed and visible on the ground. During autopsy examination, nine insect larvae were recovered from the interior of the human skull and subsequently preserved in 70% ethanol. The larvae were greyish in appearance, each with a posterior elongated breathing tube. A week after the autopsy, more larvae were collected at the burial site, and some of them were reared into adults. Adult specimens and larvae from the skull and from the burial site were sequenced to obtain DNA barcodes. Results showed all adult flies reared from the burial site, as well as the larvae collected from the skull were identified as Eristalinus arvorum (Fabricius, 1787) (Diptera: Syrphidae). Here, we report the colonization of E. arvorum larvae on a human corpse for the first time.     

近十年来学界关于社会主义本质的研究述评

近十年来,国内学界关于社会主义本质的研究成果较多,主要围绕社会主义本质的理论传统、传承创新、实现路径、重大意义和国外研究总结等方面展开。总结学界相关研究的不足,未来应在突破研究视域、凝练研究重心、厘清相关概念和加强比较研究等方面进一步深化研究。     

A Simple Method of VNTR D1S80 Locus Allelic Ladder Construction for Capillary Electrophoresis‐based Genotyping

VNTR D1S80 locus genotyping has been largely replaced in forensics by STR. As the statute of limitations on murder cases was abolished in the Republic of Korea in July 2015, the demand for re‐analysis of DNA from unresolved murder cases has increased. The National Forensic Service includes several recorded D1S80 genotypes as crucial clues. Here, we re‐established the D1S80 analysis system using capillary electrophoresis and confirmed the reproducibility of the system by comparison with the genotypes of eight DNA samples that had been analyzed using PAGE in 2006. In addition, we created an allelic ladder via new methodology using flanking region sequences. A single DNA sample (K562) and seven primers were used for the new ladder, which contains 12 alleles. Although artificial owing to the use of the flanking region rather than repeat unit reduction, the method is rapid and simple, and could be applicable in any laboratory.