对《刑法》第三百四十七条第七款含义之探讨

我国刑法第三百四十七条第7款规定:"对多次走私、贩卖、运输、制造毒品,未经处理的,毒品数量累计计算。"这一看似非常简单的条文,实则包含很多值得我们思考的问题。笔者主要以立法及刑法理论为论据,从行为人之刑事责任能力、追诉时效、未经处理、罪名适用等角度对该罪名进行多层次的分析,并在此基础上,着力从公安实践的角度对该条文进行了理性的思考。     

CONTROLLING LOCAL GOVERNMENT EXPENDITURE: THE CASE OF NORTHERN IRELAND

The purposes of this paper are twofold, namely to outline the basic features of local government finance in Northern Ireland and to discuss how this financial system has been affected by the concerns of central government to control public expenditure. It will be argued that there has been no radical revision of the local government financial system but that central government used traditional methods of moral suasion and capital controls to induce councils to restrict their spending. The reasons for this include the small size of local expenditure and the political risks involved in further curbing local government in Northern Ireland.     

Determination of carbon monoxide in blood by gas chromatography using a thermal conductivity detector

A method is described for the gas chromatographic quantitation of carbon monoxide by means of thermal conductivity detection. Carbon monoxide is released from blood samples as small as 0.02 mL using a unique extraction chamber. The method was compared to a standard gas chromatographic and spectrophotometric method of carbon monoxide quantitation. It was comparable to the former with all samples evaluated and apparently more reliable than the latter with decomposed samples.     

The United States Supreme Court and the death penalty: The struggle for fairness

In the ten years sinceFurman v. Georgia, the United States has recognized the right of states to adopt and follow different capital sentencing schemes so long as they protect the defendant from arbitrary and capricious imposing of the death sentence. The sentence may not be disproportionate to the crime. Sentencing may be done by a judge or jury. Prospective jurors may not be challenged for cause merely because their deliberations would be affected because a death penalty was possible, but only if they could not fulfill their oath. Habeas corpus petitions in capital cases are not open invitations to avoid finality of judgment and execution of the sentence, but are to find constitutional errors.     

论行政诉讼与刑事自诉的关系

在我国司法实践中存在许多行政诉讼与刑事自诉相冲突的情况,相关法律及其司法解释对此问题没有作具体规定,导致了司法实践中的混乱。借鉴域外经验处理行政诉讼与刑事自诉的关系时,应当遵循“审判前提问题”这一原则:如果某种诉讼应以另一种诉讼的结果为依据,就应该(或可以)中止该诉讼,等待另一种诉讼的裁判结果,并以此为据恢复诉讼并进行裁判。