商标法中在先权利的法理分析

在先权利是一个开放的抽象概念.由于对在先权利的对象所包含的信誉与影响力的搭便车行为违反了商标法所追求的维护公平正当的市场竞争秩序的宗旨,也造成商标权人不当得利,各国法律均保护在先权利.但就我国商标法的在先权利条款而言,其内容构成的不同理解思路产生了不同的在先权利保护效力.我国司法实践将知识产权法与民法通则所明确规定的权利以及合法利益都归为在先权利,均能够适用商标法规范直接撤销在后的商标注册,从保护体系协调看,这一定位是符合公平原则的.     

我国刑事和解制度的反思及矫正

在构建和谐社会的背景下,以贯彻宽严相济的刑事政策为指导,源自于中国司法实践的刑事和解制度成为倍受推崇的一项刑事司法制度创新。任何制度都有其固有的局限性,刑事和解制度的不足也不容忽视。在热情地颂扬其价值,片面地宣扬其合理性之后,狂热必须回归理性。梳理刑事和解制度的理论和实践,厘清其理论误区和实践缺陷,认知其本质属性,以公诉裁量权矫正刑事和解制度,使其发挥自身所具备的功能。     

General and maladaptive traits and anger in a combined forensic psychiatric and general population sample

The present study examines the associations between anger and general and maladaptive traits in a combined forensic psychiatric and community sample of men. Thirty-four male forensic psychiatric patients and 219 men from the general population completed the Novaco Anger Scale (NAS; Novaco, 1994), the NEO-PI-R (Costa & McCrae, 1992), the ADP-IV (Schotte & De Doncker, 1994) and the VKP (Duijsens, Haringsma, & EurelingsBontekoe, 1999) at two measurement occasions with a one-year interval. The results of a series of multiple regression analyses showed that general and maladaptive traits accounted for a substantial amount of variance in anger scores. Neuroticism, Agreeableness and Externalizing traits were most prominent in the prediction of anger, while Conscientiousness was acting as a suppressor variable in the regression models. Strengths and limitations of the present study and implications for further research and clinical practice are discussed.     

Age-at-death estimation by pulp/tooth area ratio in canines: study of a 20th-century Mexican sample of prisoners to test Cameriere's method

Accurate age estimation has always been a problem for forensic scientists, and apposition of secondary dentine is often used as an indicator of age. Cameriere et al. studied the pulp/tooth area ratio by peri-apical X-ray images of the canines, to observe the apposition of secondary dentine. The present study examines the application of this technique in a Mexican identified sample coming from the Department of Physical Anthropology of the INAH, at Mexico City. The main aim of this work is to test the reliability of this method in a skeletal sample of a specific population, different from the samples used for its development. The obtained regression model explained 96.2% of total variance (R(2) = 0.962) with a standard error of estimate of 1.909 and a standard deviation of 1.947. These results demonstrate great reliability and that the age/secondary dentine relationship is not variable in this specific population.     

关于罪犯谈话教育艺术的探讨

对罪犯进行谈话教育是监狱警察的一项基本功,是教育改造罪犯的基本手段之一。谈话效果如何,不仅关系到教育改造罪犯的质量,对监管安全稳定也将发挥不同的作用。笔者结合基层管教工作实践和心得体会,分析典型案例,总结工作经验,就谈话教育的方法和技巧进行深入思考,以期对罪犯教育改造工作有所裨益。     

The EU PNR framework decision proposal: Towards completion of the PNR processing scene in Europe

The entry into force of the Lisbon Treaty has suspended discussions over the release of a EU PNR processing system. Plans to introduce an intra-EU PNR processing system initiated since 2007, although strongly supported by the Commission and the Council, did not bear fruit before the ratification of the Lisbon Treaty and the, institutional, involvement of the Parliament. While discussions have been suspended since October 2009 and most probably a new draft proposal will be produced, it is perhaps useful to present in brief the proposal currently in place so as to highlight its shortcomings for European data protection and suggest ways individual protection may be strengthened in future drafts.     

Machinery‐Related Deaths: Relevance of Workplace Investigation and Antemortem Radiological Data in Reconstructing the Fatality

Abstract: Machinery‐related fatalities are one of the leading causes of traumatic occupational deaths. In our report, we present the case of a 40‐year‐old male who suffered a severe head trauma while working in a cut‐foam industry and died despite an early craniectomy. The radiological reconstruction of the skull based on preoperative computed tomography scans disclosed a large depressed conical fracture of the left parietal bone. The 3D‐reconstruction of the work area, combined with a fit‐matching analysis between the machinery and the depressed skull fracture allowed us to conclude that the head was crushed between the sliding bar of the cutting device and the metallic protuberance on the opposite side. The case underlines the importance of a detailed workplace investigation and of a thorough evaluation of all circumstantial, clinical, radiological, and autopsy data in the reconstruction of machinery‐related fatalities to identify any possible legal responsibilities of the worker and/or the employer.     

An Assessment of the Utility of Universal and Specific Genetic Markers for Opium Poppy Identification

Abstract: The proper identification of illicit plants such as Papaver somniferum L (opium poppy) is important for law enforcement agencies. The identification of opium poppy was presently tested using 10 genetic markers that are universal for all plants or specific to a few poppy plants. The genetic distances of universal markers such as nuclear internal transcribed spacer (ITS), 18S rRNA, plastid rbcL, and trnL‐trnF intergenic spacer (IGS) of 14 species included in the Papaveraceae and Fumariaceae family were acquired by sequence comparisons. Both the ITS region and trnL‐trnF IGS showed high levels of interspecific divergence. Six Papaver genera‐specific markers were developed from coding regions involved in morphine biosynthesis. Three markers (TYDC, NCS, and BBE) produced amplicons only in opium poppy, providing a presence/absence test for opium poppy, while three additional markers (CYP80B1, SAT, and COR) were genus specific. These 10 markers might be useful for the forensic DNA analysis of opium poppy.     

The ‘relics of Joan of Arc’: A forensic multidisciplinary analysis

Archaeological remains can provide concrete cases, making it possible to develop, refine or validate medico-legal techniques.In the case of the so-called ‘Joan of Arc's relics’ (a group of bone and archaeological remains known as the ‘Bottle of Chinon’), 14 specialists analysed the samples such as a cadaver X of carbonised aspect: forensic anthropologist, medical examiners, pathologists, geneticists, radiologist, biochemists, palynologists, zoologist and archaeologist. Materials, methods and results of this study are presented here.This study aims to offer an exploitable methodology for the modern medico-legal cases of small quantities of human bones of carbonised aspect.