再论侵犯商业秘密罪的构成要件

认定侵犯商业秘密罪的前提是在对商业秘密的合理范围进行界定的基础上正确判断其构成要件。该罪的主体应是混合主体 ,包括自然人和法人 ;其主观方面既可以是故意 ,也可以是过失 ;其直接客体是权利人对商业秘密的权利 ,包括对商业秘密的所有权、使用权以及保密权 ;其客观方面不必然以“给权利人造成重大损失”为成立犯罪的标志     

Suicidal deaths using fireworks

The use of commercial explosives is an unusual method of commiting suicide, and only a few cases have been described in the medicolegal literature. In this paper, two cases of suicide are considered that reflect backgrounds of financial problems and psychological illnesses, respectively. Both individuals comitted suicide by detonating an explosive (fireworks). In the first case putting the explosive on his head and in the second case into his mouth. In both cases the cause of death was the destruction of the central nervous system. The following cases emphasize the importance of the forensic pathologist in the recognition of the scene, as well as the systematical collection of trace evidence of the explosion for their subsequent study in the laboratory and their correlation with the autopsy findings.     

Glucose and lactate in vitreous humor compared with the determination of fructosamine for the postmortem diagnosis of diabetes mellitus

Diabetes mellitus is a chronic metabolic illness responsible for a great number of deaths. In postmortem diagnosis, because of the difficulty involved in interpreting blood glucose levels and relatively nonspecific pathologic features, biochemical markers in vitreous humor are useful. The aim of this study was to compare the results obtained for the combined determination of lactate and glucose with fructosamine levels recorded in the vitreous humor of two diagnostic groups (one diabetic and the other nondiabetic). The authors intended to ascertain the capacity of different markers measured in vitreous humor to diagnose diabetes mellitus. Fifty-one cadavers (mean age, 58.7 years; standard deviation, 17.09) were studied. The mean postmortem interval was 16.4 hours (standard deviation, 9.05). Cases were assigned to two diagnostic groups according to whether they were previously diagnosed as either diabetic or nondiabetic. Statistically significant differences for glucose, fructosamine, and the sum values of glucose and lactate were found between the two diagnostic groups. The highest levels were obtained in the group of cases with a previous diagnosis of diabetes mellitus. After the comparison of receiver operating characteristic curves, the sum values of glucose and lactate in vitreous humor is a better predictor of antemortem diabetes mellitus than the fructosamine.     

The use of the LightCycler for the detection of Y chromosome SNPs

A novel methodology based on PCR monitoring on-line with fluorescent formats using the LightCycler for Y chromosome SNP typing is proposed. The main advantages of the system are the time necessary for the analysis (which is around 20 min), the robustness and the accuracy of the method and especially its sensitivity, which permits the detection of the male component in male-female mixtures up to 1:300 for some of the SNPs.Singleplexes of four different SNPs (M9, sY81, SRY-1532 and SRY-2627) as well as two duplexes (M9 and sY81 on the one hand and SRY-1532 and SRY-2627 on the other) were efficiently implemented. A simultaneous amplification and analysis of the four SNPs is also possible. It seems difficult with the current methodology to implement more than a quadruplex.     

Juvenile Delinquency in Central European Cities: A Comparison of Registration and Processing Structures in the 1990s

The authors trace and compare the developments in recorded juvenile delinquency in Hamburg, Prague, Cracow and Budapest from 1991-1997 and then analyse the processing and selection procedures of the various justice systems. They devote special attention to ethnic minorities within this filtering process. The most salient feature is that the crime rates and processing structures in the former socialist countries display considerable similarities. It would almost be possible to speak of a specific type of criminal justice system with a typical form of reaction. While in the West, the large number of suspects is considerably reduced during later stages of selection to a much smaller number (those actually sentenced and/or imprisoned), what the authors call a funnel model, in the East a smaller number of suspected offenders enters this selection process, but tends to remain within it and be sentenced - the cylinder model. These procedural structures have changed little in the 1990s, and there has certainly not been any increasing alignment of the Eastern systems with the Western one. Indeed, the difference has, if anything, become greater. These lower crime statistics as compared with the West - represented here by Hamburg - are, however, not only the result of equally large discrepancies between the real crime rates, but in this regard the pro-active crime prevention measures of the police, which in Hamburg have caused the inclusion of an increased number of juveniles and foreigners in the crime statistics since 1995, have also had a great effect. The research project thus clearly demonstrates the importance of interpreting crime statistics neither as a true representation nor as a distorted reflection of the activities of a criminal justice system. Instead, these statistics should be seen as reflecting specific processing procedures and methods of crime control.     

Hungary's pre-accession strategy to the European Union in education, training and research

The article presents an analysis of the expected impact of EU accession on the Hungarian education, training and academic research system with a number of recommendations for an integration policy in these sectors. The first part of the article develops four themes: (1) the current level of preparation of the country for accession in the education sector, (2) the possible longer term benefits of accession, (3) the shorter term costs and (4) the most important elements of a policy of integration. A distinction is made between material and cultural, and that of political cost and benefits, the stress being laid on the second. One of the conclusions of the author is that accession may open up a number of new opportunities for the development and modernisation of the country but that these can be exploited only if the country has a coherent sectorial strategy. Specific preparation actions are proposed in the areas of school education, higher education, vocational training and research policy. The article presents a list of the most important short term government measures and the needs for institutional development. It also makes a proposal for possible further themes of investigation and research. This revised version was published online in July 2006 with corrections to the Cover Date.     

Allele frequency distribution of the STR loci HUMTPOX, HUMTH01 and HUMVWA in Asturias (north Spain)

In order to use genetic loci in forensic identity testing, some population data are needed. This paper presents a report of allele frequency data for the loci HUMTH01, HUMTPOX and HUMVWA in a population sample from Northern Spain. No deviation from the Hardy-Weinberg equilibrium was detected in any of the three markers investigated and there was no evidence of association between the alleles of these loci. Statistical analysis was also carried out to obtain some parameters of medicolegal interest and comparative studies were carried out with other populations studied to date for these five loci. The Asturian sample does not differ substantially from other Caucasian and Spanish populations.     

关于国家检察官学院图书馆建设的几点设想

国家检察官学院要建成一流成人院校 ,必须有一流图书馆。基于此 ,图书馆必须是师生学习、教学和科研的基地 ,是全国检察系统的图书情报资料服务中心。     

马克思恩格斯公正观及其在中国的发展

马克思恩格斯公正观是以批判资本主义社会在形式公正掩盖之下的极端社会不公正为逻辑起点,以克服资本主义社会公正的局限性为指向,主张全体社会成员权利和义务相统一的社会公正观。在当代中国,邓小平、江泽民及胡锦涛结合中国特色社会主义实践,发展了马克思恩格斯公正观,认为公正是社会主义的本质要求,公正的核心内容是以人为本,公正是实现社会和谐的基本条件。