证据排除规则的重构——以诉讼效率为视角

诉讼效率指诉讼收益与诉讼成本之间的差额。诉讼收益主要体现为发现真实,而诉讼成本主要体现为证据的收集与认定成本。证据排除规则既可以保障发现案件真实,亦可以保护其他合法利益,但我国目前的证据法没有能够从提供诉讼效率的角度去设计证据排除规则,我国诉讼法中不同的诉讼采用相同的证明标准是这一现象出现的重要原因。     

印巴关系由对抗走向缓和

本文概述了2 0 0 4年以来印巴关系走向缓和的主要情况,并分协了印巴关系的发展前景,作者认为,印巴关系真正缓和还有很长的路要走。     

伊斯兰化后突厥人对外扩张与奥斯曼帝国兴起

伊斯兰化为突厥西迁后的重新崛起提供了历史性契机,土耳其帝国的兴盛虽然原因很多,但其成功的持续性社会动员是其兴起的重要原因。这一社会动员包含信仰的动员和物质化社会激励机制的动员。土耳其帝国社会动员的成功归结为其信仰成功的社会庸俗化。奥斯曼帝国实行的蒂玛制度、古兰制度和近卫军制度,是该帝国信仰庸俗化的制度化手段和连接信徒信仰追求与物质需要的纽带,它为普通信徒为信仰而奋斗提供了强大的动力、目标和精神支撑,也为他们沟通精神世界与物质世界提供了必不可少的现实基础,从而在客观上为奥斯曼帝国的崛起和兴盛奠定了坚实基础。     

"First pass phenomenon" of inhaled gas in the fire victims

We investigated the differences in the levels of carboxyhemoglobin (COHb), cyanide (HCN) and petroleum fuels (gasoline and kerosene) between left and right ventricular bloods from fire victims. COHb was slightly, and HCN and petroleum fuels were markedly higher levels in the left than those in the right. These effects were so called 'first pass phenomena' due to the circulation, diffusion and metabolization before the deaths of fire victims.     

Acidic and neutral drugs screen in blood with quantitation using microbore high-performance liquid chromatography–diode array detection and capillary gas chromatography–flame ionization detection

Blood previously acidified with aqueous saturated ammonium chloride solution was extracted with ethyl acetate. The dried extract was subjected to acetonitrile–hexane partition. The acetonitrile portion was analysed for the presence of acidic and neutral drugs by HPLC–DAD (200 mm×2.1 mm I.D. microbore ODS-Hypersil column) and GC–FID (25 m narrow-bore×0.25 mm I.D. HP-5 column with 0.33 μm film thickness). The protocol was found to be suitable for both clinical toxicology (including emergency toxicology) and postmortem toxicology. At least 66 drugs of interest were unequivocally identified by RRTs (HPLC) and UV spectra (DAD) match while another 12 were unequivocally identified by double RRTs match (HPLC and GC). Quantitation was facilitated by incorporating calibration blood standards in each assay batch. The five drugs most commonly encountered in clinical blood specimens (1150 cases) were: paracetamol (47.4% of the cases); chlormezanone (6.6%), theophylline (1.74%), naproxen (1.65%) and mefenamic acid (1.56%). The following drugs were detected in toxicologically significant quantities in postmortem blood specimens (245 cases): phenobarbitone (1.22% of the cases), naproxen (0.82%), chlormezanone (0.82%), theophylline (0.82%), carbamazepine (0.41%) and paracetamol (0.41%).     

Men and women's attributions of blame for domestic violence

Attributions of blame for the first and latest episodes of violence were assessed in a sample of 139 couples who were referred to a mandatory domestic violence treatment program in the military. Use of a methodology which allows for reports of nonmutually exclusive categories of attribution from both members of the dyad revealed more complex patterns of attributions than reflected in the existing literature. In addition, there were low rates of agreement within couples as to who was to blame for the violence. Although both men and women exhibited a high frequency of blaming their partner for both episodes of violence, men were significantly more likely to blame themselves for the latest than for the first episode. Attributions of blame were related to contextual variables in both men and women. Sex specific relationships emerged. These results were discussed with specific reference to predictions derived from attribution theory and their clinical implications.     

Isolation of the DNA minisatellite probe MZ 1.3 and its application to DNA 'fingerprinting' analysis

A minisatellite probe, MZ 1.3, detecting hypervariable fragment patterns was isolated from a human genomic library. A repetitive sequence of 27 bp length was identified which is contained in the probe approx. 40 times. The MZ 1.3 repeat shows variable homology of 53-73% to the repetitive sequence of the protein III gene of the bacteriophage M13 genome. Polymorphic restriction fragment patterns were found with MZ 1.3 using the enzymes Hinf I, BstN I, Hae III, Mbo I, PstI/Pvu II, and Rsa I. An average of 18 polymorphic fragments was observed using Hinf I as enzyme. The band sharing frequency after Hinf I digestion among unrelated individuals was determined to be 23.8 +/- 7.2%. An example for the application of MZ 1.3 to paternity testing in an incest case is given. The probe can be used with radioactive or non-radioactive detection systems. An approach is presented to compare polymorphic fragment patterns from individuals obtained by independent gel runs on the basis of relative band positions (RBP) and calculated in a computerized analysis.     

The use of human skin in the fabrication of a bite mark template: two case reports

Comparison of a suspected biter's dental arches with the patterned injury of a bite mark is especially difficult when the bite occurs in an anatomic location with a small radius of curvature or with complex or compound curves. The authors present two case reports in which human skin was used as a template for the reproduction of a bite. In one case the victim's skin was used; in the other, the skin of a anatomically similar person was used. The use of inked dental casts, photography, and transparent overlays significantly reduced the errors common to analysis of bite marks in these highly curved areas.