FOR A SHARED FUTURE

The shared future of Asia and the world can only be secured by the close and win-win cooperation of all This year marks the 20 th anniversary of the Boao Forum for Asia(BFA). This is a moment of significance, with much to look back on and much more to look forward to.     

我国版权技术措施刑法保护的必要性探析

版权技术措施虽然是保护版权的私力手段,但其本身也需要法律的保护,无论是从版权技术措施作用机制、遏制版权技术措施规避行为角度,还是从履行国际义务的方面来看,对版权技术措施既需要民法保护,更需要刑法保护。     

Global Warming: Will There Be Exposure for Directors and Officers and Will It Be Covered?

This article will explore the potential legal liabilities of corporate officers and directors due to the effects of global warming on the business of their corporation, as well as the insurance coverage issues likely to arise under directors' and officers' (D&O) liability policies in light of those liabilities. The article focuses particularly on the pollution exclusion and the bodily injury and property damage exclusions, and also explores scenarios that may engender attempts by insurers to rescind the policy.     

Self-worth as a mediator between attachment and posttraumatic stress in interpersonal trauma

It is well documented that most trauma survivors recover from adversity and only a number of them go on to develop posttraumatic stress disorder (PTSD). In addition, survivors of interpersonal trauma (IPT) appear to be at heightened risk for developing PTSD in comparison to survivors of noninterpersonal trauma (NIPT). Despite a robust association between IPT exposure and attachment disruptions, there is a dearth of research examining the role of attachment-related processes implicated in predicting PTSD. Using a sample of college undergraduates exposed to IPT and NIPT, this study explores the mediating effect of self-worth in the relationship between attachment and PTSD. It is hypothesized that insecure attachment will be related to posttraumatic symptomatology via a reduced sense of self-worth in IPT survivors but not in NIPT survivors. Mediation analyses provide support for this hypothesis, suggesting the importance of considering negative cognitions about the self in therapeutic interventions, particularly those offered to IPT survivors.     

论民法上的法律错误 对德国法和日本法的比较研究

当表意人基于对法律的错误而做出意思表示时,我国实务界和学界的立场是一概不赋予撤销权,但依据并不充分。德国法上,法律效果错误(Rechtsfolgeirrtum)是特殊的错误类型,多数说视之为动机错误,而判例认为其可能成为内容错误,适用《德国民法典》第119条,并从中发展出\"被扩展的内容错误\"理论;日本法上,现行民法不区分事实错误和法律错误,判例中虽有法律错误(法律の错误)的类型,但不存在独立的评价体系,可撤销与否的判断依赖于对《日本民法》第95条的解释。通过判例类型的比较发现,我国法上所说的法律错误和日本法是一致的,但德国法上的法律效果错误是我国法和日本法上都不曾有的独特概念。笔者从德国民法的概念中抽象出\"法律效果错误的法理\",用以解释我国《民通意见》第71条中的\"行为后果的错误\",并尝试在我国法的框架之下对法律错误进行再构成。     

Characterization and validation studies of powerPlex 2.1, a nine-locus short tandem repeat (STR) multiplex system and penta D monoplex

In order to increase the power of discrimination for human identification purposes, a nine-locus short tandem repeat (STR) multiplex, the GenePrint PowerPlex 2.1 system (PowerPlex 2.1) developed by Promega Corporation and a separate pentanucleotide-repeat locus, Penta D, were tested. This megaplex system includes the highly polymorphic loci FGA, TPOX, D8S1179, vWA, Penta E, D18S51, D21S11, TH01, and D3S1358 and may be used in combination with the eight-locus STR multiplex, the GenePrint PowerPlex 1.1 system (PowerPlex 1.1) that has been previously developed. Three of the loci, TPOX, TH01 and vWA, have been included in both systems for quality control purposes. As with PowerPlex 1.1, PowerPlex 2.1 is also based on a two-color detection of fluorescent-labeled DNA products amplified by polymerase chain reaction (PCR) and provides a valuable tool for accurate and rapid allele determination. The primer sequences used in the PowerPlex 2.1/Penta D system are also presented in this report. To meet the "Quality Assurance Standards for Forensic DNA Testing Laboratories" (FBI), we tested the efficiency and reproducibility of the PowerPlex 2.1/PentaD system by several validation studies that were conducted as a joint project among seven laboratories. Validation tests included concordance studies, sensitivity, and species specificity determination, as well as performance in forensic and environmentally impacted samples. The results produced from these tests demonstrated the consistency and reliability of the PowerPlex 2.1/Penta D system.     

Uncertainty in probabilistic genotyping of low template DNA: A case study comparing STRMix™ and TrueAllele™

Two probabilistic genotyping (PG) programs, STRMix™ and TrueAllele™, were used to assess the strength of the same item of DNA evidence in a federal criminal case, with strikingly different results. For STRMix, the reported likelihood ratio in favor of the non-contributor hypothesis was 24; for TrueAllele it ranged from 1.2 million to 16.7 million, depending on the reference population. This case report seeks to explain why the two programs produced different results and to consider what the difference tells us about the reliability and trustworthiness of these programs. It uses a locus-by-locus breakdown to trace the differing results to subtle differences in modeling parameters and methods, analytic thresholds, and mixture ratios, as well as TrueAllele's use of an ad hoc procedure for assigning LRs at some loci. These findings illustrate the extent to which PG analysis rests on a lattice of contestable assumptions, highlighting the importance of rigorous validation of PG programs using known-source test samples that closely replicate the characteristics of evidentiary samples. The article also points out misleading aspects of the way STRMix and TrueAllele results are routinely presented in reports and testimony and calls for clarification of forensic reporting standards to address those problems.     

Application of the BioMek 2000 Laboratory Automation Workstation and the DNA IQ System to the extraction of forensic casework samples

Robotic systems are commonly utilized for the extraction of database samples. However, the application of robotic extraction to forensic casework samples is a more daunting task. Such a system must be versatile enough to accommodate a wide range of samples that may contain greatly varying amounts of DNA, but it must also pose no more risk of contamination than the manual DNA extraction methods. This study demonstrates that the BioMek 2000 Laboratory Automation Workstation, used in combination with the DNA IQ System, is versatile enough to accommodate the wide range of samples typically encountered by a crime laboratory. The use of a silica coated paramagnetic resin, as with the DNA IQ System, facilitates the adaptation of an open well, hands off, robotic system to the extraction of casework samples since no filtration or centrifugation steps are needed. Moreover, the DNA remains tightly coupled to the silica coated paramagnetic resin for the entire process until the elution step. A short pre-extraction incubation step is necessary prior to loading samples onto the robot and it is at this step that most modifications are made to accommodate the different sample types and substrates commonly encountered with forensic evidentiary samples. Sexual assault (mixed stain) samples, cigarette butts, blood stains, buccal swabs, and various tissue samples were successfully extracted with the BioMek 2000 Laboratory Automation Workstation and the DNA IQ System, with no evidence of contamination throughout the extensive validation studies reported here.