农村基层组织人员贪污贿赂犯罪立法解释适用问题研究

村民委员会、村党组织、村经济组织的成员和村小组长、村民委员会下设各委员会委员等在农村基层组织中担任一定的职务、履行一定的职责的人都是"村民委员会等农村基层组织人员",其构成贪污贿赂犯罪必然发生在协助人民政府从事行政管理工作的过程中,具有时间性。而对如何认定协助行政管理行为的完成,论文提供了一种路径,即假设不存在村基层组织的协助管理行为,由人民政府直接完成现实中由村基层组织协助完成的行政管理工作,那么在假设条件下,认定人民政府某些具体行政管理工作完成所采用的标准,应适用于村基层组织人员协助管理工作完成的认定。     

A singular case of murder-suicide committed with a homemade firearm

The authors illustrate a peculiar case of murder-suicide committed with a homemade firearm loaded with 12-gauge cartridges (buckshot). The structure and function of this handcrafted firearm were simple but effective: an iron tube did duty as a barrel in this primitive firearm. The cartridges (modified by winding sticky tape around the external surface of the base) were inserted down one end of the tube (serving as the breech). A second iron tube with a larger diameter (so as to be able to run over each of the preloaded barrels) and with a jutting, cone-shaped metal wedge soldered to the base, was used as a rudimental firing pin. After loading the "barrel" with the modified cartridge, the gunman would ram the "firing pin" tube violently down to fire the shot. Autopsy of the woman's body showed the presence of 3 gunshot wounds caused by buckshot, while the man had a single buckshot wound in the head. Subsequent ballistic investigations enabled reconstruction of the event (typical of murder-suicide) and the functioning of the firearm, demonstrating its lethal nature, remarkably easy handling, and simplicity of production.     

Minors' capacity to refuse treatment: a reply to Gilmore and Herring

Re R and Re W allow a parent to consent to treatment a competent minor refuses, but the cases have not been tested post-Human Rights Act 1998. Gilmore and Herring offer a means by which they might be distinguished or sidelined. They interpret Gillick to say that in order to consent a minor need only have a full understanding of the particular treatment. They argue that the minors in Re R and Re W were refusing all treatment which requires a separate assessment of capacity-an assessment which was not made. We fear that this distinction would not be workable in clinical practice and argue that their interpretation of Gillick is flawed. From a clinician's point of view, competence cannot always be judged in relation to a specific treatment, but instead must relate to the decision. We show that a decision can incorporate more than one treatment, and more than one decision might be made about one treatment. A minor's understanding of a specific treatment is not always sufficient to demonstrate competence to make a decision. The result is that whilst there might be situations when a parent and a minor both have the power to consent to a particular treatment, they will not share concurrent powers in relation to the same decision. Consequently, a challenge to Re R and Re W, if forthcoming, would need to take a different form. We emphasise the necessity to minimise the dichotomy between legal consent and how consent works in medical practice.     

The future of forensic and crime scene science. Part II. A UK perspective on forensic science education

This paper builds on the views presented by the author at 'The Future of Forensic and Crime Scene Science Conference'. Forensic science has become an increasingly prominent area of science within the last 10 years. This increasing prominence together with popularity in the subject has seen the number of undergraduate students studying forensic science related courses at UK Universities increase rapidly in just 5 years and there are no short term signs of this trend reducing. In 2005, there were 450 courses with forensic in the title offered by higher education institutes. Although the forensic community has expressed its concern that job prospects for these students wishing to pursue careers as forensic scientists will be limited numbers of students undertaking science courses have still increased. The increase in students studying forensic science comes in an era of decreasing science numbers in higher education with the potential to produce high calibre science graduates with sought after skills in critical thinking, analysis, interpretation and communication. Technology has continued to advance at a similar pace providing those responsible for managing crime with a need and opportunity to identify and predict new and future applications of science and technology; not just in reducing and detecting crime but also in predicting how technology will be used by criminals in the future. There is therefore a need for forensic science users, providers and educators to identify the knowledge and skills required by forensic scientists and crime investigators of the future to ensure that technology continues to be used and applied to its full advantage. This provides universities an opportunity to contribute to the development of both the practice and practitioners of forensic science. This paper outlines the current issues facing universities in relation to forensic science and identifies their future role in providing high quality relevant courses for future forensic practitioners; developing current forensic practitioners through their participation in applied research, short courses, conferences and qualifications linked to professional practice; and supporting and developing the practice of forensic and crime scene science, through the identification, engagement and dissemination of pure and applied research.     

Fatal firearm wounds: a retrospective study in Bari (Italy) between 1988 and 2003

Fatal gunshot injuries are routinely encountered by forensic pathologists practicing in Southern Italy. Bari, the capital city of the Italian region known as Apulia, is a leader with regard to the number of firearm deaths in Italy. This is mainly attributable to local organized crime groups which control a variety of illicit activities. This retrospective study analyzes autopsy data related to fatal firearm wounds, handled by the Institute of Legal Medicine [University of Bari], between 1988 and 2003. A total of 717 cases were selected and classified as follows: firearm homicides (634); suicides (82); and accidental death (1). A significant number of variables have been reviewed such as: month in which the violent event took place; the victims' nationalities; gender and age of victims; site and number of entrance wounds; weapon type used; and manner of death (i.e. homicide; suicide; accidental). Analysis has revealed a homicide versus suicide ratio of almost 8:1. Victims were mostly male with a lower mean age than in other similar studies. Homicides with multiple gunshot wounds were more common than ones with single entrance wounds. For example, in one case, 30 entrance wounds were identified in the murder of a gang boss. Four suicides with two entrance gunshot wounds were identified. Handguns were the most frequently used weapon in all groups (i.e. homicide, suicide, and accidental), with 7.65 mm and 9 mm being the most common calibres. This study revealed a very low incidence of suicide among females. Mental and other types of illness, as well as financial stress were the apparent motives which prompted most of the suicide victims. The homicide cases described were most often related to continual, ongoing fights among local criminal gangs (75%).     

系统化：改进我国政府人事制度的思考

公共人事管理包含人力资源规划、人力资源获取、人力资源开发、纪律与惩戒等四项基本职能,这四项职能共同组成了政府人事管理的完整系统。目前我国政府人事制度改革过程中存在的突出问题就是系统化程度不够,缺乏科学的职位分类机制、合理的考核机制和全方位培训机制,晋升和辞退渠道不畅,也是导致整个系统低效的原因之一。要改变这一现状,就要从整体入手,建立科学的职位分类制度、合理的考核机制以及全方位的培训机制,完善科学畅通的任用、晋升和辞退机制等;同时,还应坚持从系统的角度入手,抓住重点、把握全局,积极借鉴企业优秀的人力资源管理经验,才能在改革中取得良好的效果。     

The New U.S. Human Rights Policy: A Radical Departure

The United States, as the most powerful state and as the self-appointed champion of human rights, has a profound impact on the way human rights norms are interpreted and applied throughout the world. The human rights foreign policy of President George W. Bush can be distinguished from the policies of other administrations in three crucial respects: (1) In identifying the values that Americans can and should promote abroad, it avoids human rights terminology and scorns multilateral institutions, and instead looks to divine inspiration; (2) in place of well-recognized human rights norms, it uses a concept of "dignity" that is narrow and self-serving; and (3) it engages in "exceptional exceptionalism," continually holding others to standards that it does not apply to itself. This essay contends that the new U.S. human rights foreign policy drains human rights of its core meaning and limits its potential impact. Moreover, the United States lacks moral authority to act on human rights grounds as long as it fails to prioritize human rights explicitly and to uphold the same standards to which it holds other nations accountable.     

Development from below: Neighborhood improvement associations in the Latin American squatter settlements

Juntas, a type of neighborhood association found in many Latin American countries, are described in terms of their common characteristics, functions, and strategies. Factors which strengthen juntas are isolated, and the potential for juntas to become ongoing institutionalized structures is discussed. Information from a large number of written sources was compared in order to identify the common cross cultural characteristics of juntas. Juntas generally originate as squatter invasion forces organized to take over and settle, either gradually or overnight, unocupied lands in or near urban centers. After invasion the huntas continue to function as neighborhood associations which make collective demands on the government for public services and which promote various self-help projects within the squatter community. Juntas are widespread in Latin American countries. Of the 91 squatter settlements which have been studied in 11 different countries, 61 has juntas. Participation of household heads in the juntas ranges from 10-70%. Most squatter invasions are planned or spontaneous radical political action. The collective invasion itself often serves to open negotiations with the government. After the invasion leaders are elected, and they help organize the new community by assigning land, setting boundries, screening new settlers, collecting dues, and directing a variety of self-help construction projects. Collective demands are then made on the government to provide urban services such as water and electricity. The collective nature of the demand helps reduce the risk of official retaliation. Demand strategies include petitioning high level government officials, utilizing personalistic contacts, affiliating with either the rulingpower or opposing parties, appealing to outside agencies, linking up with other juntas, conducting public demonstrations, and publicizing their grievances in order to engender public support. After basic services are provided the juntas promote self-help projects such as organizing taxi services, medical clinics, vocational and lteracy programs, and building playgrounds. The juntas sometimes perform quasi governmental functions, such as, settling disputes between community members and policing the community. Participation in juntas declines as the need for making outside demands lessens; however, the high level of self-help activity keeps the juntas viable. They also retain the latent capacity for political demand behavior if the need for action arises. Factors which strengthen juntas included 1) high population density and large size of the squatter community, 2) defined boundaries, 3) close proximity to urban agencies, 4) climatic factors which make it necessary to act quickly and collectively, and 5) a moderate level of heterogeneity in the squatter population.     

Gender Equity: Illusion or Reality for Women in the Federal Executive Service?

With the passage of the Civil Service Reform Act in 1978, the federal government created the Senior Executive Service (SES) and formally committed the federal government to equal employment opportunity, advocating a “federal service reflective of the nation's diversity.” Since then, women have made dramatic progress in the ranks of the SES. This research probes the following questions: Has women's advancement into the ranks of the SES been illusory or real? Are women simply being appointed to token positions to fulfill affirmative action goals? Or do they contribute to governance from real positions of power and influence? Using data from a recent survey of Senior Executive Service members, this research indicates that male and female members of the SES have almost identical responsibilities and, most interestingly, women executives rate themselves as relatively more influential than do their male colleagues.