An historian writes Poetry

The territory of this new European state is crossed by strategically important passes, the lowest in the entire Alps, leading from the Danubian basin to the Mediterranean (Italy). Thus, the Slovenes had been under cultural, civilizational and political domination of centers from these two parts of Europe until 1918. Because the mountainous land forms, dissected also by valleys and basins, were prone to processes of diffusion rather than fusion, the Slovenes became a national and political subject of their own as late as the nineteenth century. From 1918 to 1990 they were joined to Yugoslavia, a South‐East European state, and learnt, to their cost, all the differences between the cultures of West and Central Europe on the one hand, and South‐East and Eastern Europe and the Near East on the other. Hence the plebiscite decision by the nation for an independent state.     

Shaping the Spiderweb: Towards the Concept of Joint Commission Through Another Person Under the Rome Statute and Jurisprudence of the International Criminal Court

This article argues that the concept of joint commission through another person has a central place in the co-perpetration architecture of the Rome Statute and jurisprudence of the International Criminal Court. The concept of joint commission through another person envisages a commission of a crime by two or more individuals through one or more subordinated persons. Even though the concept of joint commission through another person does not expressly derive from the Article 25(3)(a) of the Rome Statute of the ICC, this article argues that an individual can be held responsible as a co-perpetrator of a crime committed jointly with another individual through subordinated individuals if he or she has joint control over the crime because of his/her essential contribution to the commission of the crime.     

Viability of Human Articular Chondrocytes Harvested Postmortem: Changes with Time and Temperature of In Vitro Culture Conditions

Different studies of long‐term chondrocytes viability have shown a gradual reduction as a function of time and ambient temperature. The aim of our in vitro study was to establish chondrocyte postmortem viability curves for 4°C, 11°C, 23°C, 35°C during 63 days after the donors' death. Osteochondral cylinders were procured from the knees of 16 male donors (20–47 years), stored in preservation media that was not changed, and analyzed in 3‐day intervals using a confocal laser scanning microscope. A significant influence of time on viability was found from Day 9 (p = 0.0029) and onwards (p < 0.0001). The lowest overall chondrocyte viability was at 35°C, followed by 4°C (p < 0.0001). The conditions used in this in vitro analysis suggest that similar viabilities may occur while in situ in the decedent. Further studies of chondrocyte viability from individuals with known postmortem intervals may show premise to help evaluate time since death in the late postmortem interval.     

The Optimal Combination of Cartilage Source and Apparatus for Long‐Term In Vitro Chondrocyte Viability Analysis

Abstract: Most studies of long‐term chondrocytes survival were for tissue banks. They showed a gradual reduction in the viable chondrocytes percentage as a function of time and ambient temperature, but the samples were harvested under optimal conditions. The aim of our study was to determine the most reliable combination of cartilage source and assay for the in vitro postmortem chondrocyte viability analysis in the conditions that imitate a dead body. Osteochondral cylinders were procured from femoral condyles and talar trochleas of three male donors and stored in the cell culture media at 4 ± 2°C and 23 ± 2°C. The samples were analyzed by a cell viability analyzer and a confocal laser scanning microscope (CLSM) initially 24–36 h after death and then in 4‐week intervals. The results reconfirmed the significant influence of time (p = 0.0002), but not of the temperature (p = 0.237). The largest reproducibility was presented for the knee joint and the CLSM.     

监视居住制度评析——以2011年《刑事诉讼法修正案(草案)》为视角

2011年《中华人民共和国刑事诉讼法修正案(草案)》(以下简称《修正案草案》)充分注意到了现行监视居住制度在实施过程中所暴露出的问题,并对监视居住制度进行了一系列的改造。《修正案草案》的立法初衷是将监视居住确立为一种减少羁押的替代性措施,但具体的条文设计却使监视居住制度产生了内部的分裂。在嫌疑人、被告人自己住所执行的监视居住可以被认为是一种非羁押性的强制措施,但指定居所的监视居住显然已成为一种羁押性的强制措施。因此,为了防止权力的滥用和充分保障嫌疑人、被告人的人权,对指定居所的监视居住需要进行更为严格的审查与控制。具体的审查、控制方法可以参照对逮捕的审查、控制方法,同时也需要确立对其进行定期羁押必要性审查的制度。另外还需确立错误指定居所监视居住的国家赔偿制度作为最后一道"防线"。     

行政权滥用的预测与防范

行政主体面对在执法中潜在的隐患和未来的不利因素时,因缺乏较好的认知意识和防范机制,在面对权力欲、金钱欲和物质欲望的刺激时容易丧失免疫力,导致以权谋私、权钱交易等为求利益而滥用行政权的问题产生。行政权滥用严重干扰了经济与社会的健康发展,阻碍了国家法治目标的实现。行政权滥用具有事先预防的可能性,本文以政府自身建设为基点,通过对执法程序中可能存在行政权滥用的环节进行事前预测和分析,提出了科学有效的事前防范与控制机制,以此作为实现依法行政的制度保障。