试论古代法与传统法的关系——兼析中西法传统在近现代演变中的差异

本文通过对“法”的概念的阐述,论证了“古代法”与“传统法”的区别。作者认为古代法是静止的、并已经成为历史的不可更改的客观存在。而“传统法”则是人们对以往过去了的法律及法传统的理解和解释。因此,传统法是古代法与现代法之间的桥梁,是流动并仍在不断变化着的。甄别古代法与传统法之间的关系,其学术意义在于追求历史的真实并对法的演变规律进行理论探讨;现实意义在于自觉地把握传统法对现实和未来的影响,以便有意识地“激活”传统法中的有益因素,使法律更完美地体现优秀的民族精神。     

用范式提升《法理学》方法论品质——法理学改革新思路

法理学是关于法律的一般理论、基础理论和方法论。法理学的学科性质决定了作为其基本载体的《法理学》的方法论品质。而方法论品质不足则是国内《法理学》一个长期被忽视因而亟待改革的问题。范式是库恩提出来的一个概念,意指得到一批科学家或研究者坚定认可与信奉、足以成为人们解决特定问题的基本进路和分析视角的研究成果。范式具有强烈的方法论意义。国内《法理学》应当归纳和突显范式并以此提升其方法论品质。     

澳大利亚绩效审计发展新趋势

本文以澳大利亚审计署网站最新资料为研究样本,利用文本分析法对绩效审计相关信息进行理论识别与系统分析,揭示澳大利亚绩效审计在广度和深度方面的突破趋势:在审计内容、审计过程、审计脉络、审计范畴和审计内涵等方面,集中展现绩效审计的系统功能;通过加强绩效审计主体的制约力量、保证扩大绩效审计对象范围落实到位、增强绩效审计的资金和技术支撑等举措,不断加强绩效审计的组织建设;在持续完善绩效审计的过程控制体系方面,不断完善绩效审计的基本法律法规、持续推进绩效审计过程的标准化管理和重视绩效审计的质量认证机制等特征最为突出。文章最后就澳大利亚绩效审计发展趋势对我国绩效审计发展的启示与借鉴进行了阐释。     

试论中国共产党坚持“走人民群众路线”的必然性

坚持走人民群众路线是中国共产党成立90余年来创造并发展的一条重要经验。来源于人民、植根于人民并服务于人民,是党立于不败之地的根本所在。坚持走人民群众路线,是马克思主义唯物史观的根本要求。人民群众是中国共产党领导革命和开展社会主义建设的坚强主体和核心力量,人民群众的伟大实践为党的革命和建设提供了理论与实践源泉。坚持走人民群众路线是深入贯彻＂以人为本＂理念的集中体现。在国情、世情、党情发生巨大变化的今天,坚持走人民群众路线是促进科学发展,推进和谐社会建设,实现全面小康和现代化的有力保证。     

新形势下公安院校教师职业发展问题研究——基于浙江警察学院的调查

在目前的政法院校招录培养体制改革中,随着学历教育向在职培训的重心偏移,加之学校列入公务员管理,公安院校师资队伍建设面临新的问题。调查发现,大多数教师虽对自身教师职业有正确的定位和积极的期许,但不少愿望和现实之间还存在较大差距,教师的职业倦怠感和职业压力较大,需要进一步协调好教学和科研的关系,保健和激励的关系。     

Comparison of feature selection and data fusion of Fourier transform infrared and Raman spectroscopy for identifying watercolor ink

The identification of different kinds of watercolor inks is an important work in the field of forensic science. Four different kinds of watercolor ink Spectroscopy data fusion strategies (Fourier Transform Infrared spectroscopy and Raman spectroscopy) combined with a non-linear classification model (Extreme Learning Machine) were used to identify the brand of watercolor inks. The study chose Competitive Adaptive Reweighted Sampling (CARS), Random Frog (RF), Variable Combination Population Analysis-Genetic Algorithm (VCPA-GA), and Variable Combination Population Analysis-Iteratively Retains Informative Variables (VCPA-IRIV) to extract characteristic variables for mid-level data fusion. The Cuckoo Search (CS) algorithm is used to optimize the extreme learning machine classification model. The results showed that the classification capacity of the mid-level fusion spectra model was more satisfactory than that of single Infrared spectroscopy or Raman spectroscopy. The CS-ELM models based on infrared spectroscopy used to recognize the watercolor ink according to brands (ZHENCAI, DELI, CHENGUANG, and STAEDTLER) obtained an accuracy of 66.67% in the test set using all spectral datasets. The accuracy of CS-ELM models based on Raman spectroscopy was 67.39%. The characteristic wavelength selection algorithms effectively improved the accuracy of the CS-ELM models. The classification accuracy of the mid-level spectroscopy fusion model combined with the VCPA-IRIV algorithm was 100%. The data fusion method increased effectively spectral information. The method could satisfactorily identify different brands of watercolor inks and support the preservation of artifacts, paintings, and forensic document examination.     

A study of DNA transfers onto plastic packets placed in personal bags

The ability to detect low level DNA brings with it the uncertainty of whether the detected DNA is a result of transfer. To address this uncertainty, a simulation study was conducted in which a mock illicit drug packet was placed into the personal bags of individuals. When the average transit time of the packets was increased from around 2 h to more than 14 h, the percentage of the DNA profiles recovered from the packets which could be attributed to the individuals increased greatly from 5.3% to 48.6%. We found that drug packers who were poor shedders could not be included as contributors to the DNA profiles from the drug packets at all and there was a higher chance that individuals other than themselves could be included as contributors to the DNA profile recovered from drug packets. We also found that it was equally likely that the drug packers who had direct contact with the drug packets and bag owners who did not, could be included as contributors to the DNA profiles recovered from the packets. The results in this study highlight the importance of taking into consideration the transit time of drug packet, the shedder status of the alleged packer and the history of an item, when evaluating DNA evidence in the context of illicit drug activities.     

尚昌平和她的南疆

<正>After more than 50 visits there since her fi rst one two decades ago,Shang Changping has an abiding love of southern Xinjiang.When she travels around the oasis of Taklimakan Desert,she feels every cottage could be her second home,she says.While 20 years passed,she matured from a girl to a woman,and her love and understanding of Xinjang became more profound.She even speaks with a Xinjiang accent!     

A novel chitosan/tripolyphosphate/L‐lysine conjugates for latent fingerprints detection and enhancement

Most chemical and physical methods employed in visualizing latent marks have shown detrimental effects on human health and, therefore, some research groups have directed their attention to the utilization of various (bio)polymers with the aforementioned purpose. Although chitosan is widely used in medicine, pharmacy, food, and drug delivery systems, there are very few studies that address this biopolymer utilization in forensic applications, such as the detection of latent fingerprints. We used chitosan crosslinked with sodium tripolyphosphate and conjugated with L‐lysine to enhance the visualization of latent fingerprints, due to its ability to interact with fingerprint sweat residues. These conjugates were prepared using different (w/w) amounts of chitosan and tripolyphosphate (6/1; 4/1; 1/1; 1/4; and 1/6), and those with the most promising results (i.e., 6/1 formulation) were investigated in detail. Fourier transform infrared (FT‐IR) spectroscopy confirmed interactions between components of the systems. Optical microscopy and scanning electron microscope (SEM) analysis showed that prepared powder formulations were uniform in size and confirmed that chitosan/tripolyphosphate/lysine conjugates bind easily to the sweat and lipid residues present in the latent fingerprints. The testing of prepared conjugates demonstrated the potential of these systems as bio‐based powder substitution for commercially available powders.     

Rapid and nondestructive analysis of lipstick on different substrates using ATR-FTIR spectroscopy and chemometrics

Lipstick can be an important piece of evidence in crimes like murders, rapes, and suicides. Due to its prevalence, it can be an important corroborative evidence in crime reconstruction. The analysis of such evidence can provide an evidentiary link between the suspect, the victim, object, or the crime scene. We report the use of nondestructive ATR-FTIR spectroscopy combined with chemometrics for the classification of 10 brands of lipsticks with nine samples each. Chemometric method of partial least square-discriminant analysis (PLS-DA) has been employed to interpret the data and classify the samples into their respective classes. The PLS-DA model provides an AUC figure above 0.99 in all brands except one; for which it is slightly less at 0.94. We have also tested the traces of these lipstick samples on different substrates treating them as unknowns in the already trained PLS-DA model. 100% of the samples on nine substrates viz. a cotton, nylon, plastic, dry tissue, denim (blue jeans), wet tissue, nitrile gloves, white paper, and polyester were correctly attributed to their source brand. In conclusion, the results suggest that ATR-FTIR combined with the chemometrics is a rapid, nondestructive, and accurate method for the discrimination and source attribution of lipstick. This study has potential for use in actual forensic casework conditions.