论刑法解释目标的理论基础与现实抉择

刑法解释的目标是通过对刑法规范的解释所应达到和阐明的法律意蕴,其既是解释的理想境地,亦是评判解释结论的标准,直接决定着刑法解释的总方向。学界在解释目标的确立上历来存在主观说、客观说和折衷说的论争。不同的学说有着殊异的缘起背景与理论根基。基于立法原意的模糊性和不可探明性,客观说与罪刑法定原则的相符性,加之刑法文字含义的开放性和变动性,在我国现有的国情和解释体制下,客观说应是合理的刑法解释目标。     

和谐社会背景下大学生党员的思想政治教育研究

构建大学和谐校园是建设社会主义和谐社会的客观要求。大学生党员在和谐校园建设中发挥着重要作用,大学生党员思想政治教育是构建和谐校园的一项重要内容。目前大学生党员教育中存在的问题较多,这与他们成长、生存的环境以及个性特征密切相关。因此,要结合和谐社会背景下大学生党员的实际情况,不断加强并创新推进对大学生党员的思想政治教育。     

恢复性司法的理念与实践

恢复性司法认为犯罪行为是对人们以及人们之间相互关系的一种侵犯;认为为了和解与恢复的协商和赔偿最能恢复已被破坏的社区关系和预防再犯。恢复性司法赋予被害人的主体性地位,推行市民社会的刑事自治。基于犯罪成立标准、文化基础和民众情感、制度设计和社区建设的三个层面的中西差异,我国尚不具备全面推行恢复性司法的环境;但应借鉴和汲取恢复性司法的理念,在刑事和解的适度推行、被害人保护的加强、行刑社会化的展开三个方面加以适用。     

基于B/S架构的安全生产监督管理信息系统

本文在分析了安全生产监督管理信息系统构成的基础上,结合信息管理技术的发展趋势,设计了B/S架构系统模型,实现了基于B/S架构的安全生产监督管理信息系统的总体架构设计方案,并阐述了B/S架构在系统中的优势。     

Self-strangulation: an uncommon but not unprecedented suicide method

The authors report two cases of self-strangulation in which the investigators had initially suspected homicide but eventually deemed the cases to be suicide. Self-strangulation may be mistaken for homicide because it is widely believed to be impossible to carry out this act without assistance. An accurate medicolegal evaluation of the circumstances, a thorough postmortem examination, and methodical inspection of the site are extremely important in such cases. It is equally important to examine the knot or other means used to exert pressure on the neck and to document its position. Finally, to gain a full understanding of these unusual cases, close collaboration between the two different fields, investigative and medicolegal, is essential.     

THE GOODS AND SERVICES DIRECTIVE: LIMITATIONS AND OPPORTUNITIES

The Goods and Services Directive adopted in December 2004 is the very first European Community instrument to implement the principle of gender equality outside the workplace. As such it has the potential to close an important gap in European Union law. This note, however, contends that the limited scope of application of the Directive, together with doubts surrounding its legal base and position within the overall gender equality framework of the Union, have significantly undermined its potential. Nevertheless, it is suggested that for the future, should these criticisms be adequately addressed, then the Directive may provide an important platform for the wider diffusion of the gender equality principle beyond the sphere of European employment law. Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services OJ L373 (2004) 37     

成都汉族、甘肃东乡族群体D10S1432和D10S1213 位点的遗传多态性分析

目的本研究的目的是了解人类基因组中D10S1432及D10S1213两个STR位点在成都汉族和甘肃东乡族群体中的遗传多态性分布及两个群体之间的关系。方法采用PCR、聚丙烯酰胺凝胶电泳及银染技术,共调查了209例样本。结果在D10S1432位点上观察到5个等位基因,15种基因型。在D10S1213位点上观察到9个等位基因,31种基因型。两位点的基因型频率在调查的两个群体中的分布符合Hardy-Weinberg平衡定律（P>0.05）。经统计,D10S1432在这两个群体中的杂合度为0.664和0.737,个人识别几率为0.827和0.820。D10S1213的杂合度为0.664和0.657,个人识别几率为0.836和0.882。结论结果表明,D10S1432和D10S1213两个位点在法医学个人识别和亲子鉴定中有较高应用价值。     

Rupture of the spleen or splenic vessels (splenic emergency syndrome) in late pregnancy: a report of two autopsy cases

During the years 2004-2006, seven divers, who had deadly accidents, underwent post-mortem examination at the Institute of Legal Medicine of the University of Munich. The cause of death in all divers was drowning with typical pathomorphological findings. This should be regarded as separated to the triggering reason for drowning. The trigger for accident was established in four of seven cases by technical analysis and police investigation. High risk-taking, lack of technical service, and deficiency of dive equipment care were main reasons for death. We present two of these cases which showed several problems occurring concurrently. Autopsy always is necessary to look for indices for application of force or to exclude competitive reasons for death.     

THE IMPACTS OF DIFFERENT TYPES OF COLLEGE INSTRUCTORS ON STUDENTS’ ACADEMIC AND LABOR MARKET OUTCOMES

Based on a novel data set that links college administrative information with earnings records from a state college system for both public two‐year and four‐year colleges, this study quantifies the impacts of exposure to different types of instructors during students’ initial semester in college on their subsequent academic and labor market outcomes. To minimize bias from student sorting by type of instructor, we combine course‐set fixed effects with an instrumental variables approach that exploits term‐by‐term fluctuations in faculty composition in each department, therefore controlling for both between‐ and within‐course sorting. The findings suggest that two‐year students, particularly racial minority students, have substantially higher levels of exposure to adjuncts with temporary appointments than four‐year students. Two‐year students taking a heavy course schedule with temporary adjuncts are adversely affected in college persistence and subsequent credit accumulation, and the penalty is particularly pronounced among males and racial minority students with stronger academic potential. Such negative impacts on academic outcomes do not translate into poorer short‐ to medium‐term labor market performance. In the four‐year setting, no significant distinction is identified between different types of instructors on either student academic or labor market outcomes.