法律事实的意义辨析

民法学通常将法律事实作为引致法律关系得丧变更的具体事实。但该定位隐含着表达与所指的错位，并缺失立法视角的审视，其法律意义还容易被常识所覆盖。要修正这些不当，宜从立法视角出发，以规范为定位点，法律事实因此可一般化为与法律效果对应的构成要件，即在特定功能引导下经由专业逻辑安排而形成的格式化社会现实的规范工具，同时又能具体化为构成要件中的构造要素。它们的关系错综而有序，反映了民法的体系性。以规范面目出现的法律事实是法律理念与现实的对应与调适，在适用中还要与个案的具体事实再次对应与调适。法律事实由此充满互动的张力，同时也使民法学有了多元的知识资源。但无论如何，法律事实并非具体事实。     

The Suicide Mortality Rates between 1997–1998 and 2000–2001 in Nantou County of Taiwan Following the Earthquake of September 21 in 1999

Abstract:  The paper aims to show the different suicide mortality rate between 1997–1998 and 2000–2001 in Nantou County of Taiwan with earthquake on September 21 (often referred to as the "9-21 earthquake") in 1999. In additional, it also identifies the preventive strategies for the high-risk suicide population. The age-standardized mortality rates for suicide in Nantou County were calculated for the years 1997–1998 and 2000–2001. The suicide standardized mortality ratio (SMR for townships in Nantou were calculated by "type of township" as the standard rate). There is a statistically significant difference in male suicide rates for the years prior to the earthquake (1997–1998) when pooled and compared to the suicide rates for the years after the earthquake (2000–2001). The rate for four age groups (under 25, 25–44, 45–64, 65 and above) all increased, yet all but one (the group of age 45–64) was not statistically significant. The male SMR has slightly increased after the 9-21 earthquake. Yet there are no statistical significances in most townships, except in Kaohsiung and Puli after the 9-21 earthquake. The Kaohsiung SMRs were 1.36 (95% CI: 0.54–2.80) before the earthquake (1997–1998) and 2.01 (95% CI: 1.04–3.52) after the earthquake (2000–2001). The SMRs before and after the earthquake in the Puli Township were 1.51 (95% CI: 0.95–2.29) to 1.56 (95% CI: 1.03–2.27). This study suggests that monitoring high-risk population, especially males or 45–64 years of age who experienced the highest statistically significant suicide rate in this study. The study provides support for providing both the psychological restoration program and, to the extent feasible, financial support for the unemployed as useful public health strategies for suicide prevention in Taiwan.     

不作为侵权行为的法哲学基础

支持不作为侵权行为的法哲学理论包括自由主义理论、共同体理论和马克思自由人联合体理论。侵权行为法中规定合理范围内的作为义务,是对自由的必要限制,会导致社会整体幸福的增加。只有这样,人才会拥有真正的自由。     

Organising development: Comparing the national systems of entrepreneurship in Sweden and South Korea

The dominant paradigms of economic development have created an artificial institutional division between spontaneous markets and instrumental states. Opposing policy agendas have evolved and remain entrenched. This article seeks to challenge both approaches by reconsidering the role of entrepreneurship in economic development. Adopting an evolutionary perspective, it argues that a national system of entrepreneurship provides an appropriate framework for combining the creative and destructive processes inherent in entrepreneurship with the institutional diversity characteristic of successful economic development. The article illustrates this argument by comparing the development experiences of Sweden and South Korea.     

Development and validation of the AmpFℓSTR® Identifiler® Direct PCR Amplification Kit: a multiplex assay for the direct amplification of single-source samples

Abstract: The AmpF?STR^® Identifiler^® Direct PCR Amplification Kit is a new short tandem repeat multiplex assay optimized to allow the direct amplification of single‐source blood and buccal samples on FTA^® card without the need for sample purification and quantification. This multiplex assay has been validated according to the FBI/National Standards and SWGDAM guidelines. Validation results revealed that slight variations in primer concentration, master mix component concentration, and thermal cycling parameters did not affect the performance of the chemistry. The assay’s sensitivity was demonstrated by amplifying known amounts of white blood cells spotted onto FTA^® cards, and the assay’s specificity was verified by establishing minimal cross‐reactivity with nonhuman DNA. No effect on the age of the sample stored on the FTA^® substrate was observed and full concordance was established in the population study. These findings of the validation study support the use of the Identifiler^® Direct Kit for forensic standards and database samples genotyping.     

论刑法修正案（八）中的宽与严

随着中国特色法律体系的逐步形成,作为我国重要基本法之一的刑法顺应着时代的发展和社会的变迁不断修正完善。全国人大常委会此次通过的刑法修正案（八）对原有刑法典做了全面、系统的修正,回应了新时期、新形势对刑事立法工作提出的新挑战,同时秉承了中华传统文化中“宽严相济”的法律思想。此部修正案兼顾了“严”与“宽”两个方面,既强化了刑法对社会治安大局的控制力,增强了公众的安全感,又有益于减少社会对抗,促进和谐稳定。可以说,刑法修正案（八）真正将“宽严相济”的刑事政策上升为具体的、可操作的法律制度。     

Analysis of microtraces in invasive traumas using SEM/EDS

Scanning electron microscopy in combination with energy-dispersive X-ray spectrometry (SEM/EDS) is a proven forensic tool and has been used to analyze several kinds of trace evidence. A forensic application of SEM/EDS is the examination of morphological characteristics of tool marks that tools and instruments leave on bone. The microtraces that are left behind by these tools and instruments on the bone are, however, often ignored or not noticed at all. In this paper we will describe the use of SEM/EDS for the analysis of microtraces in invasive sharp-force, blunt-force and bone-hacking traumas in bone. This research is part of a larger multi-disciplinary approach in which pathologists, forensic anthropologists, toolmark and microtrace experts work together to link observed injuries to a suspected weapon or, in case of an unknown weapon, to indicate a group of objects that could have been used as a weapon. Although there are a few difficulties one have to consider, the method itself is rather simple and straightforward to apply. A sample of dry and clean bone is placed into the SEM sample chamber and brightness and contrast are set such that bone appears grey, metal appears white and organic material appears black. The sample is then searched manually to find relevant features. Once features are found their elemental composition is measured by an energy dispersive X-ray spectrometer (EDS). This method is illustrated using several cases. It is shown that SEM/EDS analysis of microtraces in bone is a valuable tool to get clues about an unknown weapon and can associate a specific weapon with injuries on the basis of appearance and elemental composition. In particular the separate results from the various disciplines are complementary and may be combined to reach a conclusion with a stronger probative value. This is not only useful in the courtroom but above all in criminal investigations when one have to know for what weapon or object to look for.     

金融保卫防控网络建设思考

内部单位治安防控网络是全局社会治安防控体系的重要组成部分.本文以内部单位保卫中的金融保卫为例,运用"管理主义"理论范式,提出在新形势下,公共服务社会化在内部单位治安防控网的建设中的具体运用.     

理论与实践关系探微

理论联系实际,是马克思主义的一条基本原则。然而,由于理论具有抽象性和概括性的特征,因此理论与实践的结合是一个非常复杂的过程。理论与实践之间客观上存在着一定的间隔和距离,这就决定了理论与实践相结合必须通过某些中间环节才能够实现。