我国司法权实现的若干社会制约因素

司法权的充分实现是建设社会主义法治国家的必经之路,然而现实中长期存在着干扰、制约司法权实现的种种社会因素。这些因素主要表现在:一是公民的法律意识淡薄和一元化的政治治理结构;二是司法体制存在缺陷;三是政党、权力机关和媒体对司法过程的干扰;四是经济利益扭曲司法行为;五是法律职业共同体尚未形成独立的影响力。这些不是全部因素,但确是建设法治国家不得不面对的现实问题。     

Dental age estimation from the developmental stage of the third molars in western Chinese population

The purpose of this study is to provide reference data about estimating dental age from third molars of the western Chinese population for comparing with other populations and being applied to the age estimation of western Chinese juveniles and adolescents. A total of 2078 digital panoramic radiographs of 989 male and 1089 female Chinese subjects aged between 5 and 23 years were examined. The mineralization status of the third molars was assessed using the formation stages described by Demirjian et al. with two modifications. The results showed that the development of third molars in the western Chinese population was likely to begin at age 5 in both males and females. The third molars 28 and 48 showed significantly higher frequency in females than in males. The third molars 18 in the stage 1, 38 in the stages 1, A and G, and 48 in the stage H showed significantly older average age in females than in males. The Demirjian's stages C and D could be used as a reference stage to determine dichotomously whether a western Chinese is more likely to be under or above age 14 or 16, respectively. This study provided reference data for the age estimation of western Chinese juveniles and adolescents by the mineralization stages of the third molar. Apart from forensic age determination in living subjects, the presented reference data can also be used for age estimations of unidentified corpses and skeletons.     

Shrunken head (tsantsa): A complete forensic analysis procedure

Based on the analysis of shrunken heads referred to our forensic laboratory for anthropological expertise, and data from both anthropological and medical literature, we propose a complete forensic procedure for the analysis of such pieces. A list of 14 original morphological criteria has been developed, based on the global aspect, color, physical deformation, anatomical details, and eventual associated material (wood, vegetal fibers, sand, charcoals, etc.). Such criteria have been tested on a control sample of 20 tsantsa (i.e. shrunken heads from the Jivaro or Shuar tribes of South America). Further complementary analyses are described such as CT-scan and microscopic examination. Such expertise is more and more asked to forensic anthropologists and practitioners in a context of global repatriation of human artifacts to native communities.     

Haplotype frequencies of 16 Y-chromosome STR loci in the Barcelona metropolitan area population using Y-Filer kit

Haplotype frequencies for 16 Y-chromosomal short tandem repeat (STR) loci, included in the Y-Filer kit, were determined in 247 unrelated healthy individuals from the Barcelona metropolitan area (Catalonia, NE Spain). After PCR amplification and denaturing PAGE electrophoresis, DYS456, DYS389I, DYS390, DYS389II, DYS458, DYS19, DYS385a/b, DYS393, DYS391, DYS439, DYS635, DYS392, Y GATA H4.1, DYS437, DYS438 and DYS448 loci were typed. The aim of this study is to evaluate the performance in our population of the 16 loci of the Y-chromosome present in the new Y-Filer commercial identification kit, and acquire haplotype frequencies for mathematic processing of the forensic diagnosis in our geographical working area. In this sample, all haplotypes were unique. From the forensic point of view, the combined polymorphisms of the Y-Filer kit provide a high diagnostic efficiency.     

Liberal versus conservative public policies on crime: What was the comparative track record during the 1990s?

The purpose of this study was to examine the efficacy of social control and social support policies associated with conservative and liberal political ideologies with respect to violent crime in large U.S. cities during the 1990s. Eighty-five cities with populations of 150,000+ were included in the analysis; these cities accounted for fifty-two million urban area residents of the U.S. The use of the two-way, fixed-effect panel data method of statistical analysis enabled the authors to assess the relationship between change in local government expenditures for police and court services (social control) and expenditures on community development and park/recreation (support policy) and corresponding changes in crime rates documented within these cities. The findings indicated that expenditure on both police services and community development initiatives had significantly suppressive effects on crime in these cities during the period of the 1990s. It appeared that both conservative and liberal policies had their merits as effective countermeasures to crime.     

Reversal sign on ante- and postmortem brain imaging in a newborn: report of one case

A 16-day-old female newborn was admitted to the emergency department after cardiopulmonary arrest. Total-body radiographs and non-enhanced CT of the brain showed fracture of the right clavicle, pericerebral hemorrhage and brain damage with reversal sign. The infant died on the day of her hospital admission. Because child abuse was suspected, a medicolegal autopsy was ordered by the legal authorities. Prior to autopsy, total-body MRI and CT were performed. Results of the ante- and postmortem investigations were compared with each other and then with the autopsy findings. Postmortem brain imaging showed persistence of the reversal sign. To the best of our knowledge, this is the first case describing hypoxic ischemic damage of the brain parenchyma on antemortem CT and persisting on postmortem imaging in a child abuse case.     

Distribution of the minutiae in the fingerprints of a sample of the Spanish population

One of the fundamental aspects of the process of identification through fingerprints is the comparison of the minutiae between the fingermark obtained at the scene of the crime and the suspect's corresponding finger. There is no scientific basis in this process that allows the use of numerical standards, such as those kept in different countries, to obtain the identification. The recent mistakes made in the field of dactyloscopy, together with the growing rigor and scrutiny that forensic evidence undergoes in the legislative and scientific areas, have resulted in the need to reconsider some of the basic principles that support this discipline. A probabilistic estimation of the evidential value is especially necessary; therefore, it is indispensable to know and quantify the variability of the features used in the identification process. The sample studied for this research was obtained from 100 Caucasian men and 100 Caucasian women from the Spanish population, which amounts to a total of 2000 fingerprints. The different types of minutiae were located, identified, and quantified visually on the fingerprint, in four sectors, and inside and outside of a circle, whose radius cut, perpendicularly, fifteen ridges starting from the center cut of the axes that defined the sectors. According to the results obtained in this study, through dactyloscopic identification, the weight of the evidence of a minutia, such as the ridge endings, with frequencies between 55% and 65%, according to the area and gender evaluated, cannot be the same as that of a bifurcation or convergence, with frequencies of 13-18% or those of other minutiae that show frequencies lower than 3%. The significant differences found in the topological distribution of the endings, bifurcations, and convergences show the need to take into account, for its demonstrational value, the finger area in which they are evaluated. The significant association observed between the types of minutiae and the different fingers revealed a greater frequency of endings on the thumb and index fingers, and bifurcations and convergences on the middle, ring, and little fingers.     

检察机关公正廉洁执法问题研究——以基层检察院为视角

公正廉洁执法是推进社会主义法治建设进一步深化的重要保障。检察机关在我国政法体系中居于在享有执法权力的同时又被宪法赋予法律监督权力的特殊位置,因此,认真分析检察机关公正廉洁执法存在的问题并提出相应的对策,对于落实和推进检察工作科学发展有着积极的现实意义和深远的理论意义。